Elko City Zoning Code
TITLE 8
PUBLIC WAYS AND PROPERTY
CHAPTER 5 SOUTHWEST GAS CORPORATION FRANCHISE
(Rep. by Ord. 793, 6-9-2015)
CHAPTER 9 ELKO HEAT COMPANY FRANCHISE
(Rep. by Ord. 773, 4-9-2013)
CHAPTER 10 ALLTEL NEVADA, INC. FRANCHISE
(Rep. by Ord. 824, 9-26-2017)
8-1-1: REQUIREMENT AND PROCESS FOR USING APPRAISERS:
A. The city shall comply with the requirements set forth in Nevada Revised Statutes 268.059, and any amendments thereto approved by resolution of the city council, regarding the sale or lease of real property.
B. The city shall maintain a list of all appraisers qualified to conduct general appraisals in Elko County based on the records maintained by Nevada real estate division of the department of business and industry, or any other state division or department which shall hereafter take over the records, pertaining to the qualifications of appraisers, which list shall be updated annually on or about January 1. The city manager or designee shall determine the qualifications of the foregoing appraisers qualified to conduct business in the city of Elko, and shall compile a list of appraisers to present to the governing body. The foregoing list of appraisers shall be: 1) reviewed and updated annually on or about January 1, 2) organized at random, and 3) rotated from time to time. The governing body's review and approval of such list shall be sufficient for verification of qualifications pursuant to Nevada Revised Statutes 268.059, and any amendments thereto.
C. An appraiser chosen pursuant to Nevada Revised Statutes 268.059(1), or any amendments thereto approved by resolution of the city council, must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the property owner or the owner of an adjoining property.
D. An appraiser shall not perform an appraisal on any real property offered for sale or lease by the governing body if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the real property or an adjoining property. (Ord. 800, 1-26-2016)
8-1-2: NOTICE FOR SALE OR LEASE OF REAL PROPERTY:
The city shall comply with the requirements set forth in Nevada Revised Statutes 268.061, and any amendments thereto approved by resolution of the city council, regarding notice for sale or lease of real property. (Ord. 800, 1-26-2016)
8-1-3: RESOLUTION REQUIRED FOR AND METHOD OF SALE OR LEASE OF REAL PROPERTY:
The city shall comply with the requirements set forth in Nevada Revised Statutes 268.062, and any amendments thereto approved by resolution of the city council, regarding a resolution declaring intention to sell or lease property at auction. (Ord. 800, 1-26-2016)
8-1-4: EXCEPTIONS TO PUBLIC AUCTION SALES:
The city shall comply with the requirements set forth in Nevada Revised Statutes 268.063, and any amendments thereto approved by resolution of the city council, regarding sale, lease or disposal of real property for redevelopment or economic development purposes. (Ord. 800, 1-26-2016)
8-1-5: ADDITIONAL POWER OF THE CITY:
The city may:
A. Have and use a common seal, which it may alter at pleasure.
B. Purchase, receive, hold and use personal and real property wherever situated.
C. Except as otherwise provided in sections 8-1-1, 8-1-2 and 8-1-3 of this chapter, sell, convey and dispose of such personal and real property for the common benefit.
D. Determine what are public uses with respect to powers of eminent domain.
E. Acquire, own and operate a public transit system both within and without the city.
F. Receive bequests, devises, gifts and donations of all kinds of property wherever situated in fee simple, in trust or otherwise, for charitable or other purposes and do anything necessary to carry out the purposes of such bequests, devises, gifts and donations with full power to manage, sell, lease or otherwise dispose of such property in accordance with the terms of such bequest, devise, gift or donation. (Ord. 800, 1-26-2016)
8-1-6: POWERS REGARDING EMINENT DOMAIN:
A. The city council may reconvey all the right, title and interest of the city in and to any land donated, dedicated, acquired in accordance with Nevada Revised Statutes chapter 37, or purchased under the threat of an eminent domain proceeding, for a public park, public square, public landing, agricultural fairground, aviation field, automobile parking ground or facility for the accommodation of the traveling public, or land held in trust for the public for any other public use or uses, or any part thereof, to the person:
1. By whom the land was donated or dedicated or to his heirs, assigns or successors, upon such terms as may be prescribed by a resolution of the governing body; or
2. From whom the land was acquired in accordance with Nevada Revised Statutes chapter 37, or purchased under the threat of an eminent domain proceeding, or to his heirs, assigns or successors, for an amount equal to the amount paid for the land by the governing body.
B. If the governing body determines that maintenance of the property is unnecessarily burdensome to the city or that reconveyance would be in the best interest of the city and its residents, the governing body may formally adopt a resolution stating that determination. Upon the adoption of the resolution, the presiding officer of the governing body shall issue a written offer of reconveyance to the person from whom the land was received or acquired or his successor in interest.
C. If the person from whom the real property was received or acquired, or his successor in interest:
1. Accepts the offer of reconveyance within forty five (45) days after the date of the offer, the governing body shall execute a deed or reconveyance.
2. Refused to accept the offer of reconveyance or states in writing that he is unable to accept the reconveyance, the governing body may sell or lease the real property in accordance with the provisions of this chapter. (Ord. 800, 1-26-2016)
8-2-1: TITLE:
This chapter shall be known as and may be cited as: UTILITY OCCUPANCY OF PUBLIC RIGHTS-OF-WAY OR PUBLIC EASEMENTS, SMART DIG REQUIREMENTS, AND CITY EXCAVATION PERMITS. (Ord. 899, 5-28-2025)
8-2-2: DEFINITIONS, TERMS:
For the purpose of this chapter, the following terms, phrases, words and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
AFFILIATE: An entity that: (1) holds a certificate of public convenience and necessity from the Public Utilities Commission of Nevada; and (2) directly or indirectly through one or more intermediaries, is wholly owned or controlled by, or is under common control of a holder of a certificate of authority.
CERTIFICATE OF AUTHORITY OR CERTIFICATE: A certificate issued by the Secretary of State pursuant to NRS Chapter 711 which grants the holder of the certificate a state-issued franchise to provide video service and construct and operate a video service network within the service areas designated in the certificate.
COMMUNICATIONS INFRASTRUCTURE: The technology, products and network connections that allow for the transmission of communications over large distances.
CONSTRUCTION PLANS: Plans, profiles, cross-sections and other required details for the construction of public improvements, prepared in conjunction with the project and in compliance with standards of design and construction approved by the City.
EMERGENCY: Sudden unexpected occurrence that involves clear and imminent danger and requires immediate action to prevent or mitigate loss of life or damage to health, property or essential public services.
EXCAVATE OR EXCAVATION: Any work or action in which earth, rock, pavement, or other materials in the ground or underwater in a public right-of-way is moved, removed, or otherwise displaced in any of the following ways: grading, trenching, digging, ditching, or any other means.
EXCAVATION PERMIT: A permit required and issued by the City for any excavation within a public right-of-way, to include a street cut.
EXCAVATOR: Any person who engages in excavation.
INFRASTRUCTURE: Any underground facility or overhead facility.
LONGITUDINAL ACCESS: Access to or the use of any part of a right-of-way that extends generally parallel to or within the right-of-way.
MICRODUCT: A small-diameter (less than twenty (20) millimeter), flexible, lightweight duct designed to provide a path for placing microfiber cable and fiber optic cable with lower fiber counts. A microduct must meet industry standards, to include required rigidity (crush) and temperature specifications.
MICROTRENCHING: Trenching by means of a cutting wheel designed for the purpose of creating a narrow shallow trench that is typically less than two inches (2") in width and is located below the asphaltic or cement layer of a road or pedestrian way for the purpose of fiber optic cable installation utilizing microduct installed below the asphaltic or concrete layer of a road or pedestrian way.
NANOTRENCHING: Trenching by means of a cutting wheel designed for the purpose of creating a narrow and shallow trench that is located within the asphaltic or concrete layer of a road or pedestrian way for the purpose of fiber optic cable installation with or without the utilization of microduct.
OPERATOR: Any person who owns, operates or maintains underground telecommunication facilities.
PERMITTEE: An excavator who is authorized to perform work pursuant to an excavation permit in accordance with the provisions of this chapter.
PERSON: A natural person, any form of business or social organization and any other legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization, or any government, governmental agency or political subdivision of a government.
PUBLIC EASEMENT: A right to use any area or alignment that has been conveyed to the City for one or more public purposes.
PUBLIC RIGHT-OF-WAY: An area or alignment that has been dedicated to the City for one or more public purposes.
PUBLIC WORKS PROJECT: Any excavation project undertaken by a public entity.
TELECOMMUNICATION: The transmission of signs, signals, messages, words, writing, images, sound or information of any nature by wire, radio, optical, or electromagnetic systems. Telecommunication occurs when the exchange of information between communication participants includes the use of technology.
TELECOMMUNICATION FACILITY: Any cable, line, fiber, wire, conduit, inner duct, access manhole, hand hole, tower, hut, pedestal, pole, box, splice panel, transmitting equipment, receiving equipment, power equipment or other equipment, system or device that is used to transmit, receive, produce or distribute a signal for telecommunications purposes via wireless, wireline, electronic or optical means, and any other outside plant materials provided by the City.
UNDERGROUND FACILITY: Any underground or submerged conductor, pipe, structure, conduit, or equipment used or installed for use in providing electric, communications, gas, sanitary sewer, storm sewer, reuse water or any other underground works.
USA: Underground Service Alert (USA), a non-profit mutual benefit organization operating free call centers for excavators who are digging, blasting, trenching, drilling, grading, excavating, or otherwise moving any earth for the purpose of providing information about the locations of underground facilities.
VIDEO SERVICE: The provision by a video service provider over a video service network of multichannel video programming generally considered comparable to video programming delivered by a television broadcast station, cable service or other digital television service, whether provided as part of a tier, on-demand or on a per-channel basis, without regard to the technology used to deliver the video service, including, without limitation, Internet protocol technology or any successor technology. The term includes, without limitation: (a) cable service; and (b) video service delivered by a community antenna television system. The term does not include: (a) any video content, including, without limitation, streaming video content, accessed via a service that enables users to access content, information, electronic mail or other services that are offered via the Internet, regardless of the provider of the video content; (b) direct-to-home satellite services, which distribute or broadcast programming or services by satellite directly to the subscriber's residence without the use of ground receiving or distribution equipment, except at the subscriber's residence or in the uplink process to the satellite; or (c) any wireless multichannel video programming provided by a commercial mobile service provider.
VIDEO SERVICE NETWORK: A wireline facility, or any component thereof, which is: (a) located in the State of Nevada; (b) constructed in whole or in part in, on, under or over any public right-of-way or highway; and (c) used to provide video service. The term includes, without limitation: (a) a cable system; and (b) a community antenna television system.
VIDEO SERVICE PROVIDER OR PROVIDER: Any person that provides or offers to provide video service over a video service network to subscribers in the State of Nevada. The term includes, without limitation: (a) an incumbent cable operator or other cable operator; (b) a community antenna television company; and (c) a multichannel video programming distributor. (Ord. 899, 5-28-2025)
8-2-3: CITY EXCAVATION PERMITS:
A. Permit Required: Prior to cutting or excavating within any public rights-of-way or public easements within the City limits, a person must be issued an excavation permit by the City.
B. Plan Submittal Required: Prior to applying for an excavation permit, a person shall submit to the City for review and possible approval construction plans that (1) are stamped by a registered Nevada Engineer, (2) depict the locations of the proposed infrastructure and (3) comply with all applicable franchise agreements (subject to the exception for video service providers) and with local and State laws. Plans are not required for Emergency Repairs performed under 8-2-5 or replacement of existing infrastructure.
C. Grounds For Rejection Of Plans: The City may reject any construction plans submitted in accordance with the preceding subsection A on the following grounds:
1. The construction plans fail to comply with applicable franchise agreements or local and State laws;
2. The construction plans indicate that the excavation will result in flooding, adversely affect the integrity of surrounding structures (to include reducing soil stability), contaminate groundwater supplies, or create an unreasonable safety hazard;
3. The construction plans indicate that the excavation will conflict with existing underground facilities;
4. The construction plans indicate that the project lacks sufficient engineering detail, traffic management plans, or environmental safeguards; or
5. The construction plans are inadequately drawn such that City staff cannot reasonably assess the proposed project to determine compliance with requirements of this Chapter.
D. Approved Plans Required: No permit required under the preceding subsection C shall be issued without prior approved plans consistent with this section.
E. State Permits Applicable: Prior to the cutting or excavation of any State highway or route within the City limits, all State permits must be obtained and a copy of each such permit must be filed with the City.
F. Traffic Control And Construction Plans; Depth Of Facilities: An applicant for an excavation permit shall submit with the application a traffic control plan and detailed construction plans, which plans must be approved by the City prior to issuance of the excavation permit. Two (2) copies of the traffic control plan and two (2) copies of the construction plans shall be submitted with the application. The minimum depth of any excavation in a City-owned right-of-way shall be twenty-four inches (24") below the surface of the ground or, in cases of excavations below asphalt paving or sidewalks, a minimum of twenty-four inches (24") below the bottom of the pavement or sidewalk.
G. Notification Prior To Excavation: The permittee must notify USA at least forty-eight (48) hours prior to the start of any excavation.
H. Presence Of Form And Permit: A copy of the USA Dig Alert Location Request Form and a copy of the City excavation permit shall be present on the job site at all times work is in progress.
I. Cut Unavoidable: An applicant for an excavation permit requesting permission to perform a street cut shall demonstrate that the cut is unavoidable and that the permittee has fully evaluated other alignments which would avoid a street cut.
J. Work Without Excavation Permit: If a person performs an excavation without a permit, except in an emergency as defined in this chapter, the permittee shall thereafter pay double the regular permit fee for that excavation project.
K. Expiration Date: An excavation permit shall expire on a date determined by the City, which date shall be no more than thirty (30) days from the date of issuance. If a temporary patch is required due to a street cut, the permittee shall pay an additional fee as established by resolution of the City Council.
L. Revocation Of Permit: The City may revoke an excavation permit at any time for the failure of the permittee to comply with this chapter. (Ord. 899, 5-28-2025)
8-2-3-1: TELECOMMUNICATION FACILITY:
A. Microtrenching activities shall comply with the applicable City of Elko Standard Details for Public Works Construction.
B. Prohibitions: Nanotrenching in public rights-of-way is prohibited. (Ord. 899, 5-28-2025)
8-2-4: ASPHALT PAVEMENT REPAIR:
The permittee shall receive City approval for the construction of temporary and permanent asphalt pavement repairs required as a result of the excavation. All asphalt repairs shall be performed by a properly licensed contractor. The permittee shall be responsible for proper placement of all backfill, subgrade, base and asphalt, all of which shall comply with any applicable construction standards adopted by the City. The contractor shall perform all required tests to demonstrate the repair conforms to any applicable construction standards adopted by the City. The contractor shall provide the test results to the City. If repairs are made by the City, the permittee shall reimburse the City for expenses incurred to construct temporary and permanent pavement patches at rates based on time (as established by resolution of the City Council) and the actual cost of materials, plus fifty percent (50%). (Ord. 899, 5-28-2025)
8-2-5: EMERGENCY EXCAVATIONS:
Except as otherwise provided in Section 8-2-18 regarding video service providers, a person making an emergency excavation must obtain a City excavation permit no later than the next business day. After completion of the emergency excavation, the person shall be responsible for ensuring the repair is completed in accordance with section 8-2-4. (Ord. 899, 5-28-2025)
8-2-6: NEW CITY STREET CUTS:
Except in an emergency, if a permittee wishes to excavate within a street or paved alley that is five (5) years old or less, the permittee must receive City Council approval prior to excavation. In granting approval for a new excavation permit pursuant to this section, the City Council may place any conditions on the permit it determines are reasonably necessary to protect the City streets. (Ord. 899, 5-28-2025)
8-2-7: CONSTRUCTION STANDARDS:
All pipes, sewers, drains, lines, valves or other structures and appurtenances which shall be laid and used shall be installed, constructed and maintained in accordance with any applicable standard details and specifications, as adopted and amended by the codes and ordinances of the City, all applicable State Statutes, regulations and orders, (to include all applicable regulations and orders of the Nevada Public Utilities Commission), and in a good and workmanlike manner, and the pipes, sewers, drains, lines, valves or other structures and appurtenances shall be maintained in compliance with all applicable standards adopted by the City. (Ord. 899, 5-28-2025)
8-2-8: NONINTERFERENCE WITH EXISTING UTILITIES, OTHER INFRASTRUCTURE AND VERTICAL CLEARANCE:
A. All pipes, sewers, drains, lines, valves or other infrastructure and appurtenances laid or placed by any person shall be located in City rights-of-way so as not to obstruct or interfere with any pipes, sewers, drains, lines, valves or other infrastructure and appurtenances already installed. The City shall, upon request, provide to the permittee available information pertaining to whether or not there is any such interference or obstruction; provided, due to the passage of time, the City may no longer have records documenting the locations of certain underground facilities within the City rights-of-way and, accordingly, nothing herein shall be interpreted as creating a legal obligation on the part of the City to provide accurate information as to the locations of existing pipes, sewers, drains, lines, valves or other structures and appurtenances. It shall be the permittee's responsibility to see that no interference with or damage to existing infrastructure and appurtenances occurs prior to and/or during excavation.
B. All overhead lines must be installed at a vertical height of fifteen feet (15') over the entire span of the right-of-way or easement. (Ord. 899, 5-28-2025)
8-2-9: RELOCATION OF UTILITIES OR INFRASTRUCTURE:
Any person who lays or places any pipes, sewers, drains, lines, valves or other infrastructure and appurtenances shall relocate, without expense to the City, any such pipes, sewers, drains, lines, valves or other infrastructure and appurtenances when made necessary by any lawful change in any public street, road or highway by the City. (Ord. 899, 5-28-2025)
8-2-10: REPAIR OF PUBLIC ROADS AND CITY STREET CUTS:
If any portion of a sidewalk, curb, gutter, alley, public road or right-of-way shall be damaged by reason of defects in any of the pipes, sewers, drains, lines, valves or other infrastructure and appurtenances installed, utilized, maintained or constructed, or by reason of any cause whatsoever, including the subsidence of any cut in the public road, or the existence of any pipes, sewers, drains, lines, valves or other infrastructure and appurtenances constructed or maintained under this chapter, the person who initially constructed such improvements shall, at his own cost and expense, within ten (10) days, repair any such damage and restore such sidewalk, curb, gutter, street, alley, public road or right-of-way, or portion thereof, to as good a condition as it existed before such excavation, disturbance, work, or other cause of damage occurred. Any subsurface or surface installations damaged by a utility street cut or excavation of any kind in a City right-of-way shall be repaired at the permittee's expense. (Ord. 899, 5-28-2025)
8-2-11: LIABILITY INSURANCE:
Before an excavation permit shall be issued under this chapter, any permittee, with the exception of public utilities under the jurisdiction of the Nevada Public Utilities Commission and having a current franchise with the City, shall file with the City Clerk a certificate of insurance showing a minimum combined single limit liability insurance policy of five hundred thousand dollars ($500,000.00), such policy to include, but not be limited to, collapse and underground damage. The foregoing policy shall name the City as an additional insured. (Ord. 899, 5-28-2025)
8-2-12: BONDING:
Any person obtaining a permit under this chapter shall, before obtaining and excavation permit or in any manner changing the surface of the sidewalk, curb, gutter, street, highway, avenue or alley, provide the City a bond or other security guaranteeing that the obligor of the bond will pay to the City the amount of the bond should the permittee fail, neglect or refuse to complete the work, including the excavating and repair of the sidewalk, curb, gutter, public street, highway, avenue or alley and all public utilities in proper condition to the satisfaction of the City after the work provided for in the permit has been finished. The bond or security shall be in an amount not less than ten thousand dollars ($10,000.00). Notwithstanding the foregoing, public utilities under the jurisdiction of the Nevada Public Utilities Commission and having a current franchise with the City shall be considered bonded for purposes of this section. (Ord. 899, 5-28-2025)
8-2-13: PERMIT FEES:
A. Payment Required: All applicants for a City excavation permit shall pay to the Public Works Department permit fees as set by resolution of the City Council; provided, fees charged to video service providers shall be subject to Section 8-2-18.
B. Estimated Permit Fees; When Paid: All estimated excavation permit fees shall be paid at the time of filing the initial application.
C. Final Fees: Final permit fees shall be paid within thirty (30) calendar days of the approval of the work by the City. (Ord. 899, 5-28-2025)
8-2-14: CONTRACTOR AND BUSINESS LICENSES:
All excavations and related work required under this Chapter shall be performed by contractors appropriately licensed by the Nevada Contractor's Board. All permittees shall possess a current City business license. Permittees shall provide copies of the foregoing licenses to the City prior to the commencement of work. (Ord. 899, 5-28-2025)
8-2-15: INSPECTION:
The permittee shall schedule all City inspections twenty-four (24) hours in advance. Failure of the permittee to obtain inspections of the work to the extent reasonably necessary to enable the City to determine compliance with this Code, to include model codes adopted therein, shall result in the revocation of the excavation permit. (Ord. 899, 5-28-2025)
8-2-16: WATER DRAINAGE:
The permittee shall be responsible for maintaining surface water drainage at all times during performance of the excavation work, to include redirecting water drainage where appropriate, except as otherwise directed by the City. The permittee shall, upon request by the City, submit to the City an appropriate plan for water drainage control, in which event the work may not commence or continue until or unless the water drainage control plan has been approved by the City. The requirements set forth in a water drainage control plan shall, upon approval by the City, become requirements of the excavation permit. (Ord. 899, 5-28-2025)
8-2-17: ABANDONED UTILITY FACILITIES:
A permittee with infrastructure in a City right-of-way that the permittee has abandoned or intends to abandon may be required by the City, in the City's discretion, to remove the infrastructure at the permittee's expense or, in the alternative, to reimburse the City for the cost removal of the infrastructure. Notwithstanding the foregoing, if the permittee is a public utility under the jurisdiction of the Nevada Public Utilities Commission and has a current franchise with the City, in the event of an inconsistency between the requirements of this section and the terms of a franchise agreement, the terms of the franchise agreement shall prevail. (Ord. 899, 5-28-2025)
8-2-18: VIDEO SERVICE PROVIDERS:
A. Placement Of Facilities And Use Of Public Right-Of-Way Or Highway; Management By City; Limitations; Permits Or Licenses; Fees; Emergency Situations:
1. The City shall not require a video service provider to place its facilities in ducts or conduits or on poles owned or leased by the City.
2. The City shall manage the use of any public right-of-way or highway by video service providers in a manner that (a) is consistent with federal and state law and the lawful police powers of the City; and (b) is competitively neutral and does not: (1) discriminate among video service providers; or (2) discriminate between video service providers and any other users of the public right-of-way or highway for the construction and operation of facilities.
3. In managing any public right-of-way or highway, the City will:
a. Require a video service provider or affiliate that is constructing, installing, working within, maintaining or repairing facilities in, on, under or over any public right-of-way or highway to obtain an excavation permit for such work; and
b. Inspect the construction, installation, maintenance or repair work performed on such facilities.
4. An excavation permit issued under this section shall satisfy the requirement of sections 8-2-4 through 8-2-17 of this chapter to the extent the permitted activity involves cutting or excavating within any public rights-of-way or public easements within the City limits, except as otherwise provided in chapter 711 of the Nevada Revised Statutes.
5. If a video service provider makes a request for an excavation permit, the City shall act upon the request not later than ten (10) business days after the date on which the request is made.
6. The City shall charge a video service provider a fee to issue an excavation permit or to perform any inspection authorized by this subsection. The amount of any fee charged by the City pursuant to this subsection shall be set by resolution and shall not exceed the actual costs incurred by the City in administering the process of issuing such permits or licenses and performing such inspections.
7. If there is a situation necessitating emergency response work or repair in, on, under or over any public right-of-way or highway, a video service provider may begin that work or repair without prior approval from the City if the provider notifies the City as promptly as reasonably possible after learning of the need for that work or repair.
B. Imposition Of Franchise Fee By City; Requirements, Conditions And Limitations:
1. For the privilege of providing video service through a video service network that occupies or uses, in whole or in part, any public right-of-way or highway within the jurisdiction of the City, a video service provider shall pay a franchise fee to the City in an amount equal to five percent (5%) of the gross revenue that the provider received during that year from its subscribers within the jurisdiction of the City.
2. The franchise fee shall be imposed equally and uniformly on all video service providers operating within the jurisdiction of the City.
3. The entire amount of the franchise fee shall be paid by a video service provider directly to the City in legal tender of the United States or in a check, draft or note that is payable in legal tender of the United States.
4. Except as otherwise provided in subsection B5, the franchise fee authorized by this section:
a. Is the only fee, tax, assessment or other charge that the City may impose on a video service provider for the privilege of providing video service or constructing or operating a video service network within the jurisdiction of the City;
b. Is in lieu of any other fee, tax, assessment or charge that may be imposed by the City on a video service provider for its occupation or use of any public right-of-way or highway; and
c. Is in lieu of any recurring rental charge that may be imposed by the City on a video service provider or an affiliate of such a provider for the occupation or use of any public right-of-way or highway by a micro wireless facility installed by the provider or affiliate pursuant to NRS 711.645.
5. This section does not restrict the right of the City to impose on a video service provider or an affiliate: (a) the fees authorized by subsection 5 of NRS 711.640 and this section; and (b) any generally applicable and nondiscriminatory fees, ad valorem taxes, sales taxes or other taxes that are lawfully imposed on other businesses within the jurisdiction of the City.
C. Review and audit of video service providers; action to recover underpayment: The City may review and audit the business records of a video service provider and recover any underpayment of a franchise fee, together with attorney fees and costs, in accordance with NRS 711.680. (Ord. 899, 5-28-2025)
8-2-19: APPEALS:
A. Notice Of Appeal: Any person aggrieved by a decision of the City made pursuant to or in relation to matters subject to this chapter may appeal the decision by filing a notice of appeal with the City Clerk within thirty (30) days of receiving notice of the decision. The notice of appeal shall contain the following information: the name of the appellant, the location of the property to which the decision relates, the date on which the appellant was notified of the decision, a summary of the decision being appealed and a statement of reason why the decision is being appealed. The failure of the aggrieved person to file a notice of appeal in the manner stated in this section shall result in a waiver of the aggrieved person's right to appeal. The filing of a notice of appeal shall not stay the action of the City pending the outcome of the appeal.
B. Investigation By City Council: Following the filing of a notice of appeal, the City Council may, in its discretion, appoint a committee of the City Council or an independent hearing officer to investigate the notice of appeal, report findings of fact and make a recommendation for disposition to the City Council.
C. Hearing Before City Council: The City Council shall conduct a hearing on the appeal within forty-five (45) days from the date the notice of appeal is filed with the City Clerk. The hearing shall be open to the public and shall be conducted in accordance with the procedures set forth in this section.
D. Hearing Procedures: The procedures pursuant to which the City Council shall hear an appeal pursuant to this section are as follows:
1. The appellant shall first describe the decision being challenged, state the grounds for the appeal and present a summary of the appellant's argument.
2. The appellant may then testify, submit documents and/or call witnesses in support of the appeal.
3. The City shall then state the grounds for opposing the appeal.
4. The City may submit documents and/or call witnesses in opposition to the appeal.
5. The appellant may then present a rebuttal argument, witnesses and/or documents. The failure of an appellant to provide argument, witnesses and/or documents on rebuttal shall not be considered by the City Council in deciding the appeal.
6. The appellant and the City, respectively, may present closing arguments.
7. Appellant and the City are entitled to be represented by counsel, and present testimony, evidence and argument on all issues raised on appeal.
8. The City Council may, if it appears helpful to a clear understanding of the issues, consider matters not raised at the hearing.
9. All testimony by the appellant and the parties' witnesses shall be under oath.
10. The rules of evidence shall not apply.
11. The Mayor or Mayor Pro Tem may limit testimony or other proffered evidence that is duplicative, unnecessarily argumentative or not reasonably related to the matter being appealed.
12. The Mayor or Mayor Pro Tem may terminate the hearing upon finding that sufficient testimony, documents and arguments have been presented to enable the City Council to fully deliberate and decide the appeal; provided, the Mayor or Mayor Pro Tem shall first request from the appellant a summary of all remaining matters he or she intends to present at the hearing.
E. Decision By City Council: At the conclusion of the hearing, the City Council shall make a final decision that is consistent with the requirements of this title (to include the technical codes) to affirm, deny, condition or modify the decision of the building official and shall within thirty (30) days thereafter file a notice of decision with the City Clerk stating the decision.
F. Judicial Review: Any person who has appealed a decision by the City to the City Council as per this section and is dissatisfied with the City Council's decision may appeal to the Fourth Judicial District Court in Elko County, Nevada. This shall be done by filing a petition for judicial review within twenty-five (25) days from the date the notice of decision is filed with the City Clerk. (Ord. 899, 5-28-2025)
8-3-1: APPOINTMENT OF PARK COMMISSION:
The city council shall have the right, power and authority, by resolution, to appoint a park commission consisting of five (5) persons, who shall be residents of the city and whose duty it shall be to adopt rules and regulations for the protection of trees, bushes and shrubs situated within the city. (Ord. 47, 8-15-1929)
8-3-2: REMUNERATION:
The park commission shall serve without pay but shall be allowed the reasonable expenses incurred by it or the members thereof in connection with their duties as such. (Ord. 47, 8-15-1929)
8-3-3: INSPECTOR; APPOINTMENT, DUTIES:
The park commission is hereby authorized to appoint and employ an inspector, whose salary shall be fixed and paid by the city council. Such inspector shall be expert in the matter of diagnosing ailments and diseases of trees, bushes and shrubs, providing the proper remedies therefor. He shall act under the direction of the park commission, but subject at all times to the direction and approval of the city council. Such inspector shall have the right, at all reasonable times and hours, to enter upon any premises for the purpose of the performance of his duties. (Ord. 47, 8-15-1929)
8-3-4: COMPLIANCE WITH REGULATIONS:
It shall be the duty of every owner and every occupant of premises upon which are growing any trees, bushes or shrubs, to comply with all rules and regulations promulgated by the park commission, and particularly to obey all orders of the park commission with reference to the spraying or other treatment of trees, bushes and shrubs. (Ord. 47, 8-15-1929)
8-3-5: NOTICE OF RULES:
The park commission shall give such notice as to it may be deemed reasonable, either by publication or by posting, or by general newspaper publicity, as to it may seem proper, to convey to the public information as to the rules thus promulgated. (Ord. 47, 8-15-1929)
8-4-1: FRANCHISE:
!!! AN ORDINANCE GRANTING A FRANCHISE TO THE WESTERN PACIFIC RAILROAD COMPANY, OVER CERTAIN STREETS AND HIGHWAYS.
WHEREAS, THE WESTERN PACIFIC RAILROAD COMPANY is about to start the construction of spur lines through the streets and highways in the city of Elko; and
WHEREAS, an emergency exists as no franchise has been obtained; and
WHEREAS, irreparable damage will be occasioned by delay, by consent of the majority of the whole city council, at a regular or meeting of said city council of the city of Elko, convened on the 3rd day of June, 1924.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELKO:
That the right, permission, privilege and franchise to construct, maintain and operate by steam or other lawful motive power, a single or double track railroad of standard gouge, be and the same is hereby granted to the WESTERN PACIFIC RAILROAD COMPANY, a corporation organized and existing under and by virtue of the laws of the state of California, and to its successors and assigns upon, along and across all streets, ways and public places along the following route:
Beginning at a point on the easterly line of Third Street, distant north 31 degrees 35 minutes west approximately 140 feet from a concrete monument located in said Third Street; then crossing said Third Street south 44 degrees 03 minutes west approximately 70 feet; thence on a curve to the left approximately 10 feet to the westerly line of said Third Street; thence continuing on said curve approximately 258 feet; thence south 33 degrees 19 minutes west approximately 300 feet, crossing Second Street and Commercial Street to the northerly line of Block AA, thence continuing south 33 degrees 19 minutes west approximately 150 feet to a point on the easterly side of First Street distant thereon approximately 69 feet from the southwest corner of Block AA, thence south 33 degrees 19 minutes west approximately 36 feet to the westerly line of said First Street; thence south 33 degrees 19 minutes west approximately 128 feet to the northerly line of Main Street; thence south 33 degrees 19 minutes west approximately 193 feet to the northerly right of way line of the main line of The Western Pacific Railroad Company.
The franchise and authority hereby granted is granted subject to the following conditions:
The franchise and authority hereinbefore granted is granted subject to such reasonable police regulations as hereafter may be imposed by the city council of the city of Elko, or by the proper governing body of said city of Elko, or its successors.
The said WESTERN PACIFIC RAILROAD COMPANY shall, when required by the city council of the city of Elko, construct and maintain on off streets crossing the line of railroad herein above described, good and sufficient crossings for the free and convenient passage of pedestrians, teams and vehicles, the said crossings to be of the same width as the traveled portion of such streets, and the space between the rails and tracks and for two feet (2') outside of the outside rails at such crossings shall be planked or grade in such a manner that vehicles can readily cross the aforesaid track or tracks.
The said WESTERN PACIFIC RAILROAD COMPANY shall, when required by the city council of the city of Elko, construct under its tracks sufficient culverts or waterways to allow the proper drainage of such streets as intersect the line of railroad hereinabove described.
This franchise shall become effective thirty (30) days after its passage and shall continue for a period of fifty (50) years thereafter. (Ord. 31, 6-3-1924)
8-6-1: PUBLIC IMPROVEMENT DESIGNATED:
The city council does hereby declare its determination to make certain public improvements by constructing a sewer main along Bullion Road (also known as a westerly extension of Wilson Avenue) and Morse Lane, and portions thereof within the city; to levy a special assessment and to defray so much of the entire cost and expense of making such improvements along said streets and portions thereof hereinafter particularly described as may be allowed by law according to a frontage basis against the assessable lands, abutting upon the street and portions thereof containing said improvements, which lands are also specifically benefited by said improvements.
The city council has directed the city engineer to make estimates of the expense of the improvements provided for in this chapter, together with appropriate plats and diagrams of the work and of the locality to be improved, and to file such estimates, plats and diagrams with the city clerk for public examination. On July 11, said estimates, plats and diagrams were filed with the city clerk by the city engineer, and said estimates, plats and diagrams are now on file in the office of the city clerk and available for public examination.
The estimated total cost of said improvements is fourteen thousand four hundred seventy two dollars ($14,472.00) for the labor, equipment, engineering and materials. The cost and expense of this improvement shall include the cost of surveys, plans, assessments, costs of construction and the fees and compensation properly charged in the work of making this special assessment and shall be included as part of such assessment.
The city council hereby determines and proposes to make said improvements as they are more particularly shown and referred to and described in said estimates, plats, diagrams and plans.
The street and portions thereof within which the city council proposes to install said improvements are those set forth in the form of the notice of determination contained in this chapter.
The city council is of the opinion, and hereby finds, that the improvements provided for in this chapter are local improvements, the benefits of which are special to the lands abutting upon or adjacent to or otherwise benefited by such improvements, rather than general or public.
In the opinion of the city council, four and one-fourth percent (41/4%), or six hundred fifteen dollars seventy seven cents ($615.77) amount of the expenses of this improvement is justly apportionable to lands belonging to the city abutting on such improvement and to any interior squares or spaces formed by the intersection of streets where the abutting property is taxable, and such proportionate share of the city shall be paid from the general fund or from the proper street or district street fund, or partly from each, as the council shall determine to be just, and the balance of the expense of this improvement shall be assessed upon the taxable lots and premises abutting upon such improvement or the streets in which such improvement is placed in proportion to their number of feet frontage.
In no case shall the amount of any special assessment upon any lot or premises for this improvement exceed the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding the value of such lot or premises which would otherwise be chargeable upon said lot or premises, shall be paid from the general fund of the city.
The assessments in connection with this improvement shall be made in accordance with the provisions of the Elko city charter.
The city council will meet at the city office, Elko, Nevada, on September 12, 1967, at the hour of seven o'clock (7:00) P.M., to hear and consider any suggestions and objections that may be made by the parties in interest to the proposed improvements, or any matters relating thereto.
Unless the owners of more than one-half (1/2) of the frontage to be assessed shall file written objections thereto at or prior to such meeting, such improvement or work shall be ordered.
The city clerk shall keep plats, diagrams and plans of the work and location to be improved, together with the estimates of the expense thereof, on file in her office for public inspection and examination and shall give notice of the filing of such estimates, plats, diagrams and plans with the city clerk for examination of the proposed improvements and location of the improvements, and of the time the city council will meet and consider any suggestions and objections that may be made by any parties in interest to said proposed improvements. The said notice shall be given by publication in the "Elko Independent", a newspaper published in the city of Elko, for at least two (2) weeks and in addition by posting said notice in at least three (3) public places in the city, one of which shall be in or near the post office of the city, and in addition by posting notices in three (3) public places near the site of said proposed work. The city clerk is authorized and directed to sign said notice and it shall be in substantially the following form:
NOTICE OF DETERMINATION AND INTENTION OF THE CITY OF ELKO TO CONSTRUCT A CERTAIN SEWER MAIN WITHIN BULLION ROAD AND MORSE LANE STREETS, AND PORTIONS THEREOF, AND TO DEFRAY BY SPECIAL ASSESSMENT SO MUCH OF THE ENTIRE COST AND EXPENSE THEREOF AS MAY BE ALLOWED BY LAW ACCORDING TO A FRONTAGE BASIS.
Notice is hereby given that on August 8th, 1967, the Board of Supervisors of the City of Elko adopted and approved an Ordinance declaring the Boards's determination to make certain public improvements by constructing sewer mains within the Bullion Road and Morse Lane Streets and portions thereof within the City and to defray, by special assessment, so much of the entire cost and expense of making such improvements as may be allowed by law, according to a frontage basis against the assessable lands and premises abutting upon the streets and portions thereof containing said improvements.
In no case shall the amount of any special assessment upon any lot or premises exceed the full value of said lot or premises as shown upon the latest tax list or assessment roll for State and County taxation, and any added cost which shall exceed the full value of any lot or premises shall be paid from the general funds of the City.
The properties to be improved by the sewer main are those adjoining and abutting upon the following described streets and portions thereof:
Beginning at the end of the existing 8" sewer main which is located in Bullion Road (or a westerly extension of Wilson Avenue) and running southwesterly in or under Bullion Road to the center of the intersection of Bullion Road and Morse Lane, as Morse Lane is shown upon the RECORD OF SURVEY filed in the Office of the Elko County Recorder under File No. 16823 on September 25, 1964, and from the center of such intersection thence southerly in or under Morse Lane a distance of approximately 1,186.88 feet to the center of the Cul-de-Sac which is at the end of Morse Lane, this being the end of the proposed sewer main.
The estimated cost of this improvement is $14,472.00 for the labor, equipment, engineering and materials necessary, plus any cost of surveys, plans, assessments, fees and compensation properly chargeable to this work of improvement and related incidental expenses to be included. The City shall pay from its general fund, or other proper funds, four and one- fourth percent (41/4%), or $615.77 amount of the estimate as its apportionable share of the expense of such improvement for lands belonging to the City abutting on such improvement and for any interior squares or spaces formed by the intersection of streets involved. The balance of the expense of this improvement shall be assessed upon the taxable lots and premises abutting upon such improvement or the streets on which such improvement is placed in proportion to the number of feet frontage and in accordance with the Elko City Charter.
Said Ordinance adopted and approved August 8th, 1967, and the plats and diagrams and plans of the work and locality to be improved, together with the estimates of the expense thereof, are on file for public inspection and examination in the Office of the City Clerk, Elko, Nevada. All persons interested are hereby referred to the same for further information.
The sewer main will be constructed of eight (8) inch sewer main pipe.
Said Board of Supervisors will meet at the City Hall, Elko, Nevada, on the 12th day of September, 1967, at the hour of 7:00 P.M., to hear and consider any suggestions and objections which may be made by parties in interest to the proposed improvements, or any matters relating thereto. Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, at or prior to such meeting, such improvements or work shall be ordered.
DATED this 8th day of August, 1967.
ALICE GEYER, City Clerk
(SEAL)
(Ord. 174, 8-8-1967)
8-7-1: GENERAL PROVISIONS:
A. Purpose: This Section sets forth the process to be used by a property owner seeking the vacation or abandonment of a City street, right-of-way, or easement. This Section is subject to and shall not be construed to amend or supersede any applicable statutory provision, to include NRS 278.480.
B. Order of the City Council: The City Council may, without action on the part of the Planning Commission, enter an order approving the vacation or abandonment of any City-owned street, right-of-way, or easement in accordance with NRS 278.480 and Title 8, Chapter 7 of this Code.
C. Planning Commission Report: The City Council may, in its discretion, refer any proposed vacation or abandonment to the Planning Commission, in which event the Planning Commission shall thereafter issue a nonbinding report to the City Council containing its advice and recommendations concerning the proposed vacation. Nothing herein shall prevent the City Council from seeking the advice and recommendations of any other governmental department, agency, or advisory board, to include the Elko Redevelopment Agency.
D. Definitions: When used in this Chapter, the following terms shall have the meanings ascribed thereto:
1. The term "right-of-way" shall have the meaning contained in NRS 278.0175.
2. The term "streets" shall have the meaning contained in NRS 278.018.
E. Recording: The order of the City Council approving the vacation or abandonment of a street, right-of-way, or easement shall be recorded in the office of the Elko County Recorder following approval or fulfillment of conditions of conditional approval by the City Council in accordance with NRS 278.480(7). The vacation shall be effective upon recordation of the foregoing order of the City Council.
F. Reservations and Exceptions; Dedications And Grants Of Easement: In the vacation or abandonment of a street or right-of-way, the City Council may reserve and/or except any easement or other property interest therefrom. The City may also require any person to whom a street or right-of-way is proposed to be vacated to deliver to the City a deed of dedication or grant of easement, at the option of the City, dedicating or otherwise conveying to the City a public utility easement within the area to be vacated; provided, the resolution vacating the street or right-of-way may condition the vacation on the delivery of such deed of dedication or grant of easement to the City fully executed and in recordable form.
G. Street Vacation Procedures: The provisions of Chapter 1 of this Title 8 shall be subject to and shall not supersede the vacation procedures set forth in Title 8, Chapter 7 of this Code. (Ord. 878, 2-14-2023)
8-7-2: APPLICATION FILING:
A. Application Process: An application for the vacation or abandonment of a City street, right-of-way and/or easements shall be filed with the City Planning Department on a form or forms furnished for this purpose. The application shall be accompanied by a filing fee set by resolution by the City Council.
B. Contents: The application for vacation or abandonment shall be complete and contain the following information:
1. The name, mailing address, phone number, and email of the applicant(s).
2. The name, mailing address, phone number, and email of property owner(s) (if different from applicant(s)).
3. A description of all property adjacent to the area to be vacated or abandoned, to include street addresses, Assessor's Parcel Numbers, and/or any other information reasonably needed to identify the adjacent parcels.
4. A legal description of the area to be vacated or abandoned, including dimensions and total area as determined by a properly licensed surveyor.
5. A list of all public utilities located in the area proposed for vacation or abandonment.
6. A plot plan prepared by a properly licensed surveyor depicting the area to be vacated or abandoned, drawn to scale and showing property lines, buildings, parking, driveways, and any other pertinent features requested by the City.
7. Any other information that would assist the City in the review and consideration of the application.
C. Copies and Attachments: The application shall include the following documents:
1. One (1) .pdf of the entire application; and
2. One (1) set of legible reproducible plans (8 ½" X 11"). If the plans are not legible as shown on 8 ½" X 11" plan sheets, the applicant shall promptly submit plans on plan sheets which are legible. (Ord. 878, 2-14-2023)
8-7-3: PROCEDURE:
In addition to the requirements set forth in NRS 278.480 and any other applicable statutes, the following procedures shall be followed in the application for, review of, and possible approval of a vacation:
A. Placement on Agenda: Upon receipt of comments from all utilities and video service providers notified in accordance with NRS 278.480(6), the application shall be placed on the agenda for a regularly scheduled City Council to take place within the next forty-five (45) calendar days or, if the proposed vacation is referred to the Planning Commission for advice and recommendations, to take place within thirty (30) days of the delivery of the Planning Commission's report to the City Council, whichever is later.
B. Authority of Council; Findings: The City Council may approve, conditionally approve, or deny the application. If the decision of the City Council is to approve or conditionally approve the application, the decision must include the following findings:
1. The proposed vacation does not materially injure the public;
2. The vacation or abandonment does not materially interfere with public use of any current or planned street, sidewalk, utility infrastructure, or other public improvement; and
3. The vacation or abandonment is compatible with, and does not frustrate, the City of Elko Master Plan's goals and policies.
C. In the event a public utility easement is required in the area to be vacated, the City Council may condition the approval on (1) the reservation of a public utility easement in the instrument conveying title to the vacated property or (2) the delivery of a fully executed and recordable deed of dedication or grant of easement conveying the public utility easement to the City. (Ord. 878, 2-14-2023)
8-7-4: RATIFICATION OF PREVIOUS VACATIONS:
All vacations and abandonments of streets, rights-of-ways or easements heretofore made by the City are hereby ratified and confirmed, subject to the terms and conditions contained in the order of the City Council approving the vacation or abandonment. (Ord. 878, 2-14-2023)
8-8-1: FRANCHISE AGREEMENT; FEES:
A. NV Energy shall, during the term of the franchise agreement, or any renewal or extension thereof, pay to the City for the privilege of operating an electrical transmission and distribution system under the franchise therein granted, a sum equivalent to five percent (5%) of the annual gross receipts or operating revenues taken in or received by NV Energy from all sales of electricity within the City; provided, in accordance with Nevada Revised Statutes 354.59889(2), the cumulative amount of any increases in fees imposed by the City during any period of twenty four (24) months shall not exceed one percent (1%) of the gross revenue of NV Energy from customers located within the jurisdiction of the City. Accordingly, effective October 1, 2017, franchisee will pay to the City an additional one percent (1%) over the current two percent (2%) fee paid to the City, totaling the equivalent of three percent (3%) of the annual gross receipts or operating revenues taken in or received by the franchisee from all sales of electricity within the City; effective October 1, 2019, franchisee will pay to the City the equivalent of four percent (4%) of the annual gross receipts or operating revenues taken in or received by the franchisee from all sales of electricity within the City; effective October 1, 2021, franchisee will pay to the City the equivalent of five percent (5%) of the annual gross receipts or operating revenues taken in or received by the franchisee from all sales of electricity within the City.
B. The fee increase set forth in subsection A of this section shall not become effective until at least ninety (90) days after the City has provided to NV Energy any information that is necessary to identify each customer that is affected by the fee imposed or increased by the City, including the address of each customer, in the manner and to the extent provided in Nevada Revised Statutes 354.59885(3). (Ord. 821, 7-25-2017)
8-11-1: PURPOSE:
It is to be the policy of the city to extend the use of the city park lands and public parking facilities to its citizens in every reasonable way. It has been recognized that these parks and public parking facilities can enhance the quality of life for all residents of the city when utilized appropriately. To secure the highest quality and availability, the city must commit enormous resources into the maintenance and upkeep of its parks and public parking facilities.
It shall be unlawful for any person or persons to engage in any activity on park property owned by the city that results in damage to the surface and/or turf area or creates a safety hazard, as determined by the park superintendent, or designee. Examples of uses that are deemed inappropriate include, but are not limited to, golfing, ice blocking and skateboarding in areas other than those that have been previously designated for that specific use. (Ord. 621, 6-23-2004)
8-11-2: PUBLIC EVENTS:
A. Definitions: As used in this section:
PARK PROPERTY: Park property owned by the city, including, but not limited to, all sports complexes, playing fields (excluding Ruby View Golf Course), HARP, Main City Park, Angel Park, Mountain View Park, Riverview/Southside Park, 5th Street Park, Greenbelt Park, and other facilities and all park equipment owned by the city, which shall have fees established by the city council for the use of such city owned park property.
PRIVATE EVENT: Any event, function, sporting event or other gathering, to which the general public is not invited, and held on park property owned by the city.
PUBLIC EVENT: Any event, function, sporting event or other gathering sponsored by an organization, to which the general public is invited, and held on park property owned by the city. Any event held on city park property to which the general public is invited to attend, either through the sale of tickets or other means of entry, will be considered a "public event" so long as there are no restrictions on the allowed attendees.
B. Approvals Required:
1. Public Events:
a. A public event (excluding those events that have prior contractual agreements with the city for the use of public property) may be held only upon submission of a complete application, along with associated fees paid as set forth by resolution of the city council, and approved by the recreation coordinator or authorized designee.
b. Every organizer/sponsor of a public event on the city park property must use the park reservation form provided by the parks and recreation department for a public event.
c. If a public event includes vendors or fees for admission, the event sponsor/organizer must include the public event application provided by the city clerk's office, which includes:
(1) The name of and contact information for the person or persons acting as the official representative of the organizer or sponsor of the public event.
(2) Approval signature of the state department of taxation.
(3) Vendor business permit pursuant to section 4-1-16 of this code.
(4) Proof of one million dollar ($1,000,000.00) liability insurance policy with the city named as additional insured.
d. The event organizer/sponsor will be responsible for any and all repairs needed as a result of the event.
2. Private Events:
a. A private event may be held only upon submission of a complete application, along with associated fees paid as set forth by resolution of the city council, and approved by the recreation coordinator or authorized designee.
b. Every organizer/sponsor of a private event in the city must use the park reservation form provided by the parks and recreation department for a private event.
C. Glass Containers: It shall be unlawful for any person to use or physically possess any container for liquids made of glass, or a mixture of glass, to be used for personal consumption. The police department may confiscate any container in violation of this chapter.
D. Penalty: Any violation of the provisions of this chapter is an infraction and shall be punished as set forth in section 1-3-1 of this code. (Ord. 712, 4-27-2010)
8-11-3: CAMPING:
A. Tents And Sleeping Bags: Tents and sleeping bags will be allowed only within park lands upon approval by the city council, not to exceed two (2) nights, in an approved area set by the parks department.
B. RV/Camper: One RV/camper which is associated with a "special event" will be allowed per event and only in a designated area set by the parks department. At no time will septage dumping be allowed within the parks. (Ord. 565, 6-14-2001)
8-11-4: VEHICLES:
The only vehicles allowed on landscaped and turf areas at any one time are:
A. Park maintenance and improvement vehicles.
B. Emergency vehicles.
C. Approved "special events" that are vehicle oriented (can be reviewed for denial by the city council).
D. Temporary loading and unloading for "special events", to be removed immediately upon completion of task (less than 10,000 GVWR). (Res. 36-99, 8-10-1999)
8-11-5: CARNIVALS:
No carnivals will be allowed within the public park area or associated rights of way. (Res. 36-99, 8-10-1999)
8-11-6: ALCOHOLIC BEVERAGES:
No alcoholic beverages are allowed within the public park area, except in designated areas. (Res. 36-99, 8-10-1999)
8-11-7: FEES AND CHARGES FOR PARK AND PARK EQUIPMENT USE:
A. Park Reservations: Fees for the following park uses shall be set by resolution of the city council for those events that are established as a "public event" or "private event" pursuant to section 8-11-2 of this chapter:
1. A standard daily reservation fee shall be required for any designated space within the parks for all groups of people.
a. This fee includes the reservation of the space and four (4) tables permanently located in that area.
b. Events that occur over multiple days must pay a reservation fee to reserve the area for each day of the event including setup and takedown.
c. Events that use multiple areas of the parks will be required to reserve each area and pay a separate fee for each area that will be used for the event.
2. Groups of two hundred (200) or more people will be required to submit a park reservation application a minimum of thirty (30) days prior to the event and meet with parks department staff for event approval and coordination.
3. Groups of two hundred (200) or more people will be required to pay a security deposit. The deposit will be returned following the event if the following conditions are met to the satisfaction of the parks superintendent or approved designee:
a. All trash in the area has been cleared and placed in the available receptacles. If additional receptacles will be necessary, they are to be provided by the organizer of the event.
b. There is no damage to turf, trees, barbecue grills, shelters, irrigation systems, or other amenities.
B. Equipment Rental: Fees for the following equipment uses shall be set by resolution of the city council and pertain to all "public events" and "private events" and events, either private or public, held outside the park property as set forth in section 8-11-2 of this chapter:
1. Picnic table;
2. Trash can;
3. Barricade;
4. Seventy five (75) person capacity bleacher;
5. Stages (4);
6. Serving table;
7. In addition to the rental fee, a delivery charge may be charged for each vehicle used to deliver the equipment to nonpark property.
C. Mobile Bleachers: Fees for the three hundred (300) person capacity mobile bleachers shall be set by resolution of the city council with all uses, including all public and private events (no matter where the use is located) being subject to the charges established. (Ord. 712, 4-27-2010)
8-11-8: ELKO CITY PARKS AND RECREATION BOARD:
A. Parks And Recreation Advisory Board Creation: There is hereby created the city of Elko parks and recreation advisory board. The board membership and terms of office shall be determined by resolution of the city council.
B. Parks And Recreation Advisory Board Authority: The parks and recreation advisory board is established to serve as a central point of communication for the parks and recreation interests of the city of Elko and to assist the parks and recreation director, city manager and the city council in formulating plans and policies that pertain to park and swimming pool facilities, recreation programs, and the care of trees on public property.
C. Parks And Recreation Advisory Board Duties: The parks and recreation advisory board shall meet and adopt rules and procedures for the purpose of fulfilling the duties imposed by this chapter:
1. Hold forums and meetings pursuant to Nevada Revised Statutes to promote the exchange of information.
2. Obtain public input.
3. Assist in the development of a parks, recreation, trails and open space master plan and make recommendations that will ensure compliance with the intent of the master plan.
4. Recommend park development standards and amendments for approval by the city council.
5. Prepare and adopt a public tree master plan and complete the requirements to obtain and maintain the Tree City USA award from the National Arbor Day Foundation. (Ord. 685, 1-22-2008)
8-12-1: DEFINITIONS:
For the purpose of this chapter, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
AFFILIATE: A person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
CITY: The city of Elko.
CITY PROPERTY: Means and includes all real property owned by the city, or other than "public streets" and "utility easements", as those terms are defined in this section, and all property held in a proprietary capacity by the city, which are not subject to right of way licensing and franchising as provided in this chapter.
EXCESS CAPACITY: The volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional telecommunications facilities.
FCC OR FEDERAL COMMUNICATIONS COMMISSION: The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
OTHER WAYS: The highways, streets, alleys, utility easements or other rights of way within the city, but under the jurisdiction and control of a governmental entity other that the city.
OVERHEAD FACILITIES: Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
PERSON: Means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals, and includes their lessors, trustees and receivers.
PUBLIC STREET: Any highway, street, alley or other public right of way for motor vehicle travel under the jurisdiction and control of the city which has been acquired, established, dedicated or devoted to highway purposes not inconsistent with telecommunications facilities.
PUBLIC WAY: Means and includes all "public streets" and "utility easements", as those terms are defined in this section, now or hereafter owned by the city, but only to the extent of the city's right, title, interest or authority to grant a license or franchise to occupy and use such streets and easements for telecommunications facilities.
STATE: The state of Nevada.
SURPLUS SPACE: That portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Nevada public utilities commission, to allow its use by a telecommunications carrier for a pole attachment.
TELECOMMUNICATIONS CARRIER: Means and includes every person that directly or indirectly owns, controls, operates or manages plants, equipment or property within the city, used or to be used for the purpose of offering telecommunications service.
TELECOMMUNICATIONS FACILITIES: The plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.
TELECOMMUNICATIONS SERVICE: The providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.
UNDERGROUND FACILITIES: Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
UTILITY EASEMENT: Any easement owned by the city and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.
UTILITY FACILITIES: The plant, equipment and property, including, but not limited to, the poles, pipes, mains, conduits, ducts, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the city and used or to be used for the purpose of providing utility or telecommunications services. (Ord. 543, 7-11-2000)
8-12-2: PENALTIES:
Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter shall be fined not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00) for each offense. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues. (Ord. 543, 7-11-2000)
8-12-3: OTHER REMEDIES:
Nothing in this chapter shall be construed as limiting any judicial remedies that the city may have, at law or in equity, for enforcement of this chapter. (Ord. 543, 7-11-2000)
8-12-4: REGISTRATION OF TELECOMMUNICATIONS CARRIERS AND PROVIDERS:
A. Registration Required: All telecommunications carries and providers that offer or provide any telecommunications service for a fee directly to the public, either within the city, or outside the corporate limits from telecommunications facilities within the city, shall register with the city pursuant to this chapter on forms to be provided by the city clerk, which shall include the following:
1. The identity and legal status of the registrant, including any affiliates.
2. The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement.
3. A description of the registrant's existing or proposed telecommunications facilities within the city.
4. A description of the telecommunications services that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, business or institutions within the city.
5. Information sufficient to determine whether the registrant is subject to public way licensing or franchising under this city.
6. Information sufficient to determine that the applicant has applied for and received any construction permit, operating license or other approval required by the federal communications commission to provide telecommunications services or facilities within the city.
7. Information sufficient to determine that the applicant has applied for and received any construction permit, operating license or other approval required by the state to provide telecommunications services or facilities within the city.
8. Such other information as the city clerk may reasonably require.
B. Registration Fee: Each application for registration as a telecommunications carrier or provider shall be submitted with a registration fee, which amount shall be set by resolution of the city council.
C. Purpose Of Registration: The purpose of registration under this chapter is to:
1. Provide the city with accurate and current information concerning the telecommunications carriers and providers who offer or provide telecommunications services within the city, or that own or operate telecommunications facilities within the city;
2. Assist the city in enforcement of this chapter;
3. Assist the city in the collection and enforcement of any municipal taxes, franchise fees, license fees or charges that may be due the city;
4. Assist the city in monitoring compliance with local, state and federal laws. (Ord. 543, 7-11-2000)
8-12-5: TELECOMMUNICATION LICENSE:
Except as otherwise provided herein, any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate telecommunications facilities in, under, over or across any public way of the city for the sole purpose of providing telecommunications service to persons and areas outside the city shall first obtain a license granting the use of such public ways from the city.
A. License Application: Any person that desires a telecommunications license pursuant to this chapter shall file an application with the city which shall include the following information:
1. The identity of the license applicant, including all affiliates of the applicant.
2. A description of the telecommunications services that are or will be offered or provided by licensee over its telecommunications facilities.
3. A description of the transmission medium that will be used by the licensee to offer or provide such telecommunications services.
4. Preliminary engineering plans, specifications and a network map of the facilities to be located within the city, all in sufficient detail to identify:
a. The location and route requested for applicant's proposed telecommunications facilities.
b. The location, if any, for interconnections with the telecommunications facilities of other telecommunications carriers.
c. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.
5. If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route.
6. If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:
a. The excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities.
b. The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
7. If applicant is proposing any underground installation within new ducts or conduits to be constructed within the public ways:
a. The location proposed for the new ducts or conduits.
b. The excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
8. A preliminary construction schedule and completion date.
9. A preliminary traffic control plan in accordance with the federal highway administration manual on uniform traffic control devices.
10. Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities.
11. Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application.
12. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services.
13. All fees, deposits or changes required pursuant to this chapter.
14. Such other and further information as may be required by the city manager.
B. Determination By City: Within one hundred twenty (120) days after receiving a complete application under subsection A of this section, the city council shall issue a written determination granting or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial.
1. The financial and technical ability of the applicant.
2. The legal ability of the applicant.
3. The capacity of the public ways to accommodate the applicant's proposed facilities.
4. The capacity of the public ways to accommodate additional utility and telecommunications facilities if the license if granted.
5. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the license is granted.
6. The public interest in minimizing the cost and disruption of construction within the public ways.
7. The service that applicant will provide to the community and region.
8. The effect, if any, on public health, safety and welfare if the license is granted.
9. The availability of alternate routes and/or locations for the proposed facilities.
10. Applicable federal and state telecommunications laws, regulations and policies.
11. Such other factors as may demonstrate that the grant to use the public ways will serve the community interest. (Ord. 543, 7-11-2000)
8-12-6: LICENSE AGREEMENT:
No license granted hereunder shall be effective until the applicant and the city have executed a written agreement setting forth the particular terms and provisions under which the license to occupy and use public ways of the city will be granted. (Ord. 543, 7-11-2000)
8-12-7: NONEXCLUSIVE GRANT OF LICENSE:
No license under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the city for delivery of telecommunications services or any other purposes. (Ord. 543, 7-11-2000)
8-12-8: LICENSE RIGHTS GRANTED:
No license granted under this chapter shall convey any right, title or interest in the public ways, but shall be deemed a license only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no license shall be construed as any warranty of title. (Ord. 543, 7-11-2000)
8-12-9: TERM OF GRANT OF LICENSE:
The term of the agreement shall be specified in the license agreement. (Ord. 543, 7-11-2000)
8-12-10: LICENSE ROUTE:
A telecommunications license granted under this chapter shall be limited to a grant of specific public ways and defined portions thereof. (Ord. 543, 7-11-2000)
8-12-11: LOCATION OF FACILITIES:
Unless otherwise specified in a license agreement, all facilities shall be constructed, installed and located in accordance with the following terms and conditions:
A. Telecommunications facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists and is available within such utility facility.
B. A licensee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only if surplus space is available.
C. Whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within a public way of the city, a licensee with permission to occupy the same public way must also locate its telecommunications facilities underground.
D. Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public way of the city, a grantee that currently occupies the same public way shall relocate its facilities underground within a reasonable period of time, which shall not be later than the end of the grant term. Absent extraordinary circumstances or undue hardship as determined by the city engineer, such relocation shall be made concurrently to minimize the disruption of the public ways.
E. Whenever new telecommunications facilities will exhaust the capacity of a public street or utility easement to reasonably accommodate future telecommunications carriers or facilities, the grantee shall provide additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future telecommunications carriers.
F. The specific location and routing of new telecommunications facilities within a public street, easement and/or right of way shall be approved by the city engineer. (Ord. 543, 7-11-2000)
8-12-12: CONSTRUCTION PERMITS FOR LICENSEE:
All licensees are required to obtain construction permits for telecommunications facilities as required in section 8-12-31 of this chapter; provided, however, that nothing in this chapter shall prohibit the city and a licensee from agreeing to alternative plan review, permit and construction procedures in a license agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. (Ord. 543, 7-11-2000)
8-12-13: COMPENSATION TO CITY:
Each license granted under this chapter is subject to the city's right, which is expressly reserved, to fix a fair and reasonable compensation to be paid for the property rights granted to the licensee; provided, nothing in this chapter shall prohibit the city and a licensee from agreeing to the compensation to be paid. Said compensation shall be set by the city and shall be substantially the same for any licensee providing similar services. (Ord. 543, 7-11-2000)
8-12-14: SERVICE TO THE CITY:
A licensee may be permitted to offer or provide telecommunications services to persons or areas within the city upon submitting an franchise application for approval pursuant to section 8-12-17 of this chapter. (Ord. 543, 7-11-2000)
8-12-15: AMENDMENT OF GRANT OF LICENSE:
A. A new license application and grant shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in public ways of the city which are not included in a license previously granted under this chapter.
B. If ordered by the city to locate or relocate its telecommunications facilities in public ways not included in a previously granted license, the city shall grant a license amendment without further application. (Ord. 543, 7-11-2000)
8-12-16: RENEWAL OF LICENSE:
A. Renewal Applications: A grantee that desires to renew its license under this chapter shall, not more than one hundred eighty (180) days nor less than ninety (90) days before expiration of the current license, file an application with the city for renewal of its license which shall include the following information:
1. The information required pursuant to section 8-12-5 of this chapter.
2. Any information required pursuant to the license agreement between the city and the grantee.
B. Renewal Determinations: Within ninety (90) days after receiving a complete application, the city council shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal.
1. The financial and technical ability of the applicant.
2. The legal ability of the applicant.
3. The continuing capacity of the public ways to accommodate the applicant's existing facilities.
4. The applicant's compliance with the requirements of this chapter and the license agreement.
5. Applicable federal, state and local telecommunications laws, rules and policies.
6. Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.
C. Obligation To Cure As Condition Of Renewal: No license shall be renewed until any ongoing violations or defaults in the licensee's performance of the license agreement, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the city. (Ord. 543, 7-11-2000)
8-12-17: TELECOMMUNICATIONS FRANCHISE:
A telecommunications franchise shall be required of any telecommunications carrier who desires to occupy public ways of the city and to provide telecommunications services to any person or area in the city.
A. Franchise Application: Any person that desires a telecommunications franchise pursuant to this section shall file an application with the city which shall include the following information:
1. The identity of the franchise applicant, including all affiliates of the applicant.
2. A description of the telecommunications services that are or will be offered or provided by the franchise applicant over its existing or proposed facilities.
3. A description of the transmission medium that will be used by the franchise to offer or provide such telecommunications services.
4. Preliminary engineering plans, specifications and a network map of the facilities to be located within the city, all in sufficient detail to identify:
a. The location and route requested for applicant's proposed telecommunications facilities.
b. The location, if any, for interconnection with the telecommunications facilities of other telecommunications carriers.
c. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.
5. If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route.
6. If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:
a. The excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities;
b. The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
7. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:
a. The location proposed for the new ducts or conduits;
b. The excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
8. A preliminary construction schedule and completion dates.
9. A preliminary traffic control plan in accordance with federal highway administration manual on uniform traffic control devices.
10. Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities.
11. Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application.
12. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services.
13. Whether the applicant intends to provide cable service, video dial tone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising.
14. An accurate map showing the location of any existing telecommunications facilities in the city that applicant intends to use or lease.
15. A description of the services or facilities that the applicant will offer or make available to the city and other public, educational and governmental institutions.
16. A description of applicant's access and line extension policies.
17. The area or areas of the city the applicant desires to serve and a schedule for build out to the entire franchise area.
18. All fees, deposits or charges required pursuant to section 8-12-30 of this chapter.
19. Such other and further information as may be requested by the city manager.
B. Determination By City: Within one hundred fifty (150) days after receiving a complete application under this chapter, the city council shall issue a written determination granting or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial.
1. The financial and technical ability of the applicant.
2. The legal ability of the applicant.
3. The capacity of the public ways to accommodate additional utility and telecommunications facilities if the franchise is granted.
4. The capacity of the public ways to accommodate additional utility and telecommunications facilities if the franchise is granted.
5. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted.
6. The public interest in minimizing the cost and disruption of construction within the public ways.
7. The service that applicant will provide to the community and region.
8. The effect, if any, on public health, safety and welfare if the franchise requested is granted.
9. The availability of alternate routes and/or locations for the proposed facilities.
10. Applicable federal and state telecommunications laws, regulations and policies.
11. Such other factors as may demonstrate that the grant to use the public ways will serve the community interest. (Ord. 543, 7-11-2000)
8-12-18: FRANCHISE AGREEMENT:
No franchise shall be granted hereunder unless the applicant and the city have executed a written agreement setting forth the particular terms and provisions under which the franchise to occupy and use public ways of the city will be granted. (Ord. 543, 7-11-2000)
8-12-19: NONEXCLUSIVE GRANT OF FRANCHISE:
No franchise granted under this chapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the city for delivery of telecommunications services or any other purposes. (Ord. 543, 7-11-2000)
8-12-20: TERM OF GRANT OF FRANCHISE:
The term of grant of franchise shall be specified in the franchise agreement. (Ord. 543, 7-11-2000)
8-12-21: FRANCHISE RIGHTS GRANTED:
No franchise granted under this chapter shall convey any right, title or interest in the public ways, but shall be valid for a franchise only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no franchise shall be construed as any warranty of title. (Ord. 543, 7-11-2000)
8-12-22: FRANCHISE TERRITORY:
A telecommunications franchise granted under this chapter shall be limited to the specific geographic area of the city to be served by the franchise grantee, and the specific public ways necessary to serve such areas. (Ord. 543, 7-11-2000)
8-12-23: LOCATION OF FACILITIES:
Unless otherwise specified in a franchise agreement, all facilities shall be constructed, installed and located in accordance with the following terms and conditions:
A. Telecommunications facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists and is available within such utility facility.
B. A franchise with permission to install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available.
C. Whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within a public way of the city, a franchisee with permission to occupy the same public way must also locate its telecommunications facilities underground.
D. Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public way of the city, a grantee that currently occupies the same public way shall relocate its facilities underground within a reasonable period of time, which shall not be later than the end of the grant term. Absent extraordinary circumstances or undue hardship as determined by the city engineer, such relocation shall be made concurrently to minimize the disruption of the public ways.
E. Whenever new telecommunications facilities will exhaust the capacity of a public street or utility easement to reasonably accommodate future telecommunications carriers or facilities, the grantee shall provide additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future carriers.
F. The specific location and routing of new telecommunications facilities within a public street, easement and/or right of way shall be approved by the city engineer. (Ord. 543, 7-11-2000)
8-12-24: CONSTRUCTION PERMITS; FRANCHISEE:
All franchisees are required to obtain construction permits for telecommunications facilities as required in section 8-12-31 of this chapter; provided, however, that nothing in this chapter shall prohibit the city and a franchisee from agreeing to alternative procedures provide substantially equivalent safeguards for responsible construction practices. (Ord. 543, 7-11-2000)
8-12-25: COMPENSATION TO CITY:
Each franchise granted under this chapter is subject to the city's right, which is expressly reserved, to fix a fair and reasonable compensation to be paid for the property rights granted to the franchisee; provided, nothing in this chapter shall prohibit the city and franchisee from agreeing to the compensation to be paid. Said compensation shall be set by the city and shall be substantially the same for any franchisee offering similar services. (Ord. 543, 7-11-2000)
8-12-26: NONDISCRIMINATION:
A franchisee shall make its telecommunications services available to any customer within its franchise area who shall request such service, without discrimination as to the terms, conditions, rates or charges for grantee's services; provided, however, that nothing in this chapter shall prohibit a franchise from making any reasonable classifications among differently situated customers. (Ord. 543, 7-11-2000)
8-12-27: SERVICE TO THE CITY:
A franchisee shall make its telecommunications services available to the city at its most favorable rate for similarly situated users, unless otherwise provided in a license or franchise agreement. (Ord. 543, 7-11-2000)
8-12-28: AMENDMENT OF GRANT OF FRANCHISE:
A. A new franchise application and grant shall be required of any telecommunications carrier that desires to extend its franchise territory or to locate its telecommunications facilities in public ways of the city which are not included in a franchise previously granted under this chapter.
B. If ordered by the city to locate or relocate its telecommunications facilities in public ways not included in a previously granted franchise, the city shall grant a franchise amendment without further application. (Ord. 543, 7-11-2000)
8-12-29: RENEWAL OF FRANCHISE:
A. Applications: A grantee that desires to renew its franchise under this chapter shall, not more than two hundred forty (240) days nor less than one hundred fifty (150) days before expiration of the current franchise, file an application with the city for renewal of its franchise which shall include the following information:
1. The information required pursuant to subsection 8-12-17A of this chapter.
2. Any information required pursuant to the franchise agreement between the city and the grantee.
B. Renewal Determinations: Within one hundred fifty (150) days after receiving a complete application under this section, the city council shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal.
1. The financial and technical ability of the applicant.
2. The legal ability of the applicant.
3. The continuing capacity of the public ways to accommodate the applicant's existing facilities.
4. The applicant's compliance with the requirements of this chapter and the franchise agreement.
5. Applicable federal, state and local telecommunications laws, rules and policies.
6. Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.
C. Obligation To Cure As Condition Of Renewal: No franchise shall be renewed until any ongoing violations of defaults in the grantee's performance of the franchise agreement, or of the requirements of this chapter, have been cured or a plan detailing the corrective action to be taken by the grantee has been approved by the city. (Ord. 543, 7-11-2000)
8-12-30: FEES AND COMPENSATION:
It is the purpose of this chapter to provide for the payment and recovery of all direct and indirect cost and expenses of the city related to the enforcement and administration of this chapter.
A. Application And Review Fee:
1. Any applicant for a license or franchise pursuant to this chapter shall pay a fee as established by resolution of the city council.
2. The application and review fee shall be deposited with the city as part of the application filed pursuant to this chapter.
3. An applicant whose license or franchise application has been withdrawn, abandoned or denied shall, within sixty (60) days of its application and review fee written request, be refunded the balance of its deposit under this chapter less all ascertainable costs and expenses incurred by the city in connection with the application.
B. Other City Costs: All license or franchise grantees shall, within thirty (30) days after written demand therefor, reimburse the city in connection with any modification, amendment, renewal or transfer of the license or franchise or any license or franchise agreement.
C. Reserved Compensation For Public Ways: The city reserves its right to annually fix a fair and reasonable compensation to be paid for the property rights granted to a telecommunications license or franchise grantee. Nothing in this chapter shall prohibit the city and a grantee from agreeing to the compensation to be paid for the granted property rights.
D. Compensation For City Property: If the right is granted, by lease, license, franchise or other manner, to use and occupy city property for the installation of telecommunications facilities, the compensation to be paid shall be fixed by the city.
E. Construction Permit Fee: Prior to issuance of a construction permit, the permittee shall pay any required permit fees.
F. Regulatory Fees And Compensation: The regulatory fees and costs provided for in this chapter, and any compensation charged and paid for the public ways provided for in this chapter, are separate from, and additional to, any and all federal, state, local and city taxes as may be levied, imposed or due from a telecommunications carrier or provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services. (Ord. 543, 7-11-2000)
8-12-31: CONDITIONS OF GRANT:
A. Location Of Facilities: All facilities shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a license or franchise agreement:
1. A grantee shall install its telecommunications facilities within an existing underground duct or conduit whenever excess capacity exists and is available within such utility facility.
2. A grantee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available.
3. Whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within a public way of the city, a grantee with permission to occupy the same public way must also locate its telecommunications facilities underground.
4. Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public way of the city, a grantee that currently occupies the same public way shall relocate its facilities underground within a reasonable period of time, which shall not be later than the end of the grant term. Absent extraordinary circumstances or undue hardship as determined by the city engineer, such relocation shall be made concurrently to minimize the disruption of the public ways.
5. Whenever new telecommunications facilities will exhaust the capacity of a public street or utility easement to reasonably accommodate future telecommunications carriers or facilities, the grantee shall provide additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future carriers.
6. The specific location and routing of new telecommunications facilities within a public street, easement and/or right of way shall be approved by the city engineer.
B. Construction Permits: All license or franchise grantees are required to obtain construction permits for telecommunications facilities as required in section 8-12-32 of this chapter. However, nothing in this chapter shall prohibit the city and a grantee from agreeing to alternative plan review, permit and construction procedures in a license or franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
C. Interference With Public Ways: No license or franchise grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the city, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities shall be moved by the grantee temporarily or permanently, as determined by the city engineer.
D. Damage To Property: No license or franchise grantee nor any person acting on a grantee's behalf shall take any action or permit any action to be done which may impair or damage any city property, public ways of the city, other ways or other property located in, on or adjacent thereto.
E. Notice Of Work: Unless otherwise provided in a license or franchise agreement, no license or franchise grantee, nor any persons acting on the grantee's behalf, shall commence any nonemergency work in or about the public ways of the city or other ways without ten (10) working days' advance notice to the city.
F. Repair And Emergency Work: In the event of an unexpected repair or emergency, a grantee may commence such repair and emergency response work as required under the circumstances, provided the grantee shall notify the city as promptly as possible, before such repair or emergency work or as soon thereafter as possible if advance notice is not practicable.
G. Maintenance Of Facilities: Each license or franchise grantee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
H. Relocation Or Removal Of Facilities: Within thirty (30) days following written notice from the city, a license or franchise grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways whenever the city council shall have determined that such removal, relocation, change or alteration if reasonably necessary for:
1. The construction, repair, maintenance or installation of any city or other public improvement in or upon the public way.
2. The operations of the city or other governmental entity in or upon the public way.
I. Removal Of Unauthorized Facilities: Within thirty (30) days following written notice from the city, any grantee, telecommunications carrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public ways of the city shall, at its own expense, remove such facilities or appurtenances from the public ways of the city. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:
1. Upon expiration or termination of the grantee's telecommunications license or franchise.
2. Upon abandonment of a facility within the public ways of the city.
3. If the system or facility was constructed or installed without prior grant of a telecommunications license or franchise.
4. If the system or facility was constructed or installed without prior issuance of a required construction permit.
5. If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications license or franchise.
J. Emergency Removal Or Relocation Of Facilities: The city retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the city, as the city may determine to be necessary, appropriate or useful in response to any public health or safety emergency.
K. Damage To Grantee's Facilities: Unless directly and proximately caused by the wilful, intentional or malicious acts by the city, the city shall not be liable for any damage to or loss of any telecommunications facility within the public ways of the city as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public ways by or on behalf of the city.
L. Restoration Of Public Ways, Other Ways And City Property:
1. When a license or franchise grantee, or any person acting on its behalf, does any work in or affecting public ways, other ways or city property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to as good a condition as existed before the work was undertaken, unless otherwise directed by the city.
2. If weather or other conditions do not permit the complete restoration required by this section, grantee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the licensee's sole expense and the licensee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
3. A grantee or other person acting in its behalf shall use suitable barricades, flags, flag persons, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways of property.
M. Facilities Maps: Each license or franchise grantee shall provide the city with an accurate map or maps certifying the location of all telecommunications facilities within the public ways. Each grantee shall provide updated maps annually.
N. Duty To Provide Information: Within ten (10) days of a written request from the city manager, each license or franchise grantee shall furnish the city with information sufficient to demonstrate:
1. Grantee has complied with all requirements of this chapter.
2. All taxes, fees and/or charges due to the city in connection with the telecommunications services and facilities provided by the grantee have been properly collected and paid by the grantee.
3. All books, records, maps and other documents, maintained by the grantee with respect to its facilities within the public ways shall be made available for inspection by the city at reasonable times and intervals.
O. Leased Capacity: A license or franchise grantee shall have the right, without prior city approval, to offer or provide capacity or bandwidth to its customers; provided:
1. Grantee shall furnish the city with a copy of any such lease or agreement.
2. The customer or lessee has complied, to the extent applicable, with the requirements of this chapter.
P. Grantee Insurance: Unless otherwise provided in a license or franchise agreement, each grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both of grantee and the city, and its elected and appointed officers, officials, agents and employees as coinsureds:
1. Comprehensive general liability insurance with limits not less than:
a. Five million dollars ($5,000,000.00) for bodily injury or death to each person;
b. Five million dollars ($5,000,000.00) for property damage resulting from any one accident; and
c. Five million dollars ($5,000,000.00) for all other types of liability.
2. Automobile liability for owned, nonowned and hired vehicles with a limit of three million dollars ($3,000,000.00) for each person and three million dollars ($3,000,000.00) for each accident.
3. Workers' compensation within statutory limits and employer's liability insurance with limits of not less than one million dollars ($1,000,000.00).
4. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than three million dollars ($3,000,000.00).
5. The liability insurance policies required by this subsection shall be maintained by the grantee throughout the term of the telecommunications license or franchise, and such other period of time during which the grantee is operating without a franchise or license hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsements:
It is hereby understood and agreed that this policy may not be cancelled nor the intention not to renew be stated until 90 days after receipt by the city, by registered mail, or a written notice addressed to the city manager of such intent to cancel or not to renew.
6. Within sixty (60) days after receipt by the city of said notice, and in no event later than thirty (30) days prior to said cancellation, the grantee shall obtain and furnish to the city replacement insurance policies meeting the requirements of this subsection.
Q. General Indemnification: Each license or franchise agreement shall include, to the extent permitted by law, grantee's express undertaking to defend, indemnify and hold the city and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expense, including reasonable attorney fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a grant agreement made or entered into pursuant to this chapter.
R. Performance And Construction Surety: Before a license or franchise granted pursuant to this chapter is effective, and as necessary thereafter, the grantee shall provide and deposit such monies, bonds, letters of credit or other instruments in form and substance acceptable to the city as may be required by this chapter or by an applicable license or franchise agreement.
S. Construction And Completion Bond: Unless otherwise provided in a license or franchise agreement, a performance bond written by a corporate surety acceptable to the city equal to at least one hundred percent (100%) of the estimated cost of constructing grantee's telecommunications facilities within the public ways of the city shall be deposited before construction is commenced.
1. The construction bond shall remain in force until sixty (60) days after substantial completion of the work, as determined by the city engineer, including restoration of public ways and other property affected by the construction.
2. The construction bond shall guarantee, to the satisfaction of the city:
a. Timely completion of construction;
b. Construction in compliance with applicable plans, permits, technical codes and standards;
c. Proper location of the facilities as specified by the city;
d. Restoration of the public ways and other property effected by the construction;
e. The submission of "as built" drawings after completion of the work as required by this chapter;
f. Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work.
T. Coordination Of Construction Activities: All grantees are required to cooperate with the city and with each other:
1. By February 1 of each year, grantees shall provide the city with a schedule of their proposed construction activities in, around or that may affect the public ways.
2. Each grantee shall meet with the city, other grantees and users of the public ways annually or as determined by the city to schedule and coordinate construction in the public ways.
3. All construction locations, activities and schedules shall be coordinated, as ordered by the city engineer, to minimize public inconvenience, disruption or damages.
U. Assignments Or Transfers Of Grants: Ownership or control of a telecommunications system, license or franchise may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior consent of the city, which consent shall not be unreasonably withheld or delayed, as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein.
1. No grant shall be assigned or transferred in any manner within twelve (12) months after the initial grant of the license or franchise, unless otherwise provided in a license or franchise agreement.
2. Absent extraordinary and unforeseeable circumstances, no grant, system or integral part of a system shall be assigned or transferred before construction of the telecommunications system has been completed.
3. Grantee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the city not less than one hundred fifty (150) days prior to the proposed date of transfer:
a. Complete information setting forth the nature, terms and conditions of the proposed transfer or assignment;
b. All information required of a telecommunications license or franchise applicant pursuant subsection 8-12-5A or 8-12-17A of this chapter, with respect to the proposed transferee or assignee;
c. Any other information reasonably required by the city.
4. No transfer shall be approved unless the assignee or transferee has the legal, telecommunications, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this chapter.
5. Unless otherwise provided in a license or franchise agreement, the grantee shall reimburse the city for all direct and indirect fees, costs, and expenses reasonably incurred by the city in considering a request to transfer or assign a telecommunications license or franchise.
6. Any transfer or assignment of a telecommunications grant, system or integral part of a system without prior approval of the city under this subsection or pursuant to a license or franchise agreement shall be void and is cause for revocation of the grant.
V. Transactions Affecting Control Of Grant: Any transactions which singularly or collectively result in a charge of ten percent (10%) or more of the ownership or working control of the grantee, of the ownership or working control of a telecommunications license or franchise, of the ownership or working control of affiliated entities having ownership or working control of the grantee or of a telecommunications system, or of control of the capacity or bandwidth of grantee's telecommunications system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring city approval pursuant to subsection U of this section. Transactions between affiliated entities are not exempt from city approval.
W. Revocation Or Termination Of Grant: A license or franchise granted by the city to use or occupy public ways of the city may be revoked for the following reasons:
1. Construction or operation in the city or in the public ways of the city without a license or franchise grant of authorization.
2. Construction or operation at an unauthorized location.
3. Unauthorized substantial transfer of control of the grantee.
4. Unauthorized assignment of a license or franchise.
5. Unauthorized sale, assignment or transfer of grantee's franchise or license assets, or a substantial interest therein.
6. Misrepresentation or lack of candor by or on behalf of a grantee in any application to the city.
7. Abandonment of telecommunications facilities in the public ways.
8. Failure to relocate or remove facilities as required in this chapter.
9. Failure to pay taxes, compensation, fees or costs when and as due the City.
10. Insolvency or bankruptcy of the grantee.
11. Violation of material provisions of this chapter.
12. Violation of the material terms of a license or franchise agreement.
X. Notice And Duty To Cure: In the event that the City Manager believes that grounds exist for revocation of a license or franchise, he shall give the grantee written notice of the apparent violation or noncompliance, and providing the grantee a reasonable period of time not exceeding thirty (30) days to furnish evidence:
1. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance.
2. That rebuts the alleged violation or noncompliance.
3. That it would be in the public interest to impose some penalty or sanction less than revocation.
Y. Hearing: In the event that a grantee fails to provide evidence reasonably satisfactory to the City Manager as provided in subsection X of this section, the City Manager shall refer the apparent violation or noncompliance to the City Council. The City Council shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter.
Z. Standards For Revocation Or Lesser Sanctions: If persuaded that the grantee has violated or failed to comply with material provisions of this chapter, or of a franchise or license agreement, the City Council shall determine whether to revoke the license or franchise, or to establish some lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors:
1. Whether the misconduct was egregious.
2. Whether substantial harm resulted.
3. Whether the violation was intentional.
4. Whether there is a history of prior violation of the same or other requirements.
5. Whether there is a history of overall compliance.
6. Whether the violation was voluntarily disclosed, admitted or cured. (Ord. 543, 7-11-2000)
8-12-32: CONSTRUCTION STANDARDS:
A. General: No person shall commence or continue with the construction, installation or operation of telecommunications facilities within the City except as provided in this chapter.
B. Construction Codes:
1. Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable Federal, State and local codes, rules and regulations, including the National Electrical Safety Code.
2. Telecommunications facilities shall be constructed and installed in accordance with chapter 2, "Utility Occupancy Of Public Rights-Of-Way Or Public Easements, Smart Dig Requirements, And City Excavation Permits", of this title.
C. Construction Permits: No person shall construct or install any telecommunications facilities within the City without first obtaining any required construction permit therefor, provided, however:
1. No permit shall be issued for the construction or installation of telecommunications facilities within the City unless the telecommunications carrier has filed a registration statement with the City pursuant to section 8-12-4 of this chapter.
2. No permit shall be issued for the construction or installation of telecommunications facilities in the public ways unless the telecommunications carrier has applied for and received a license or franchise pursuant to sections 8-12-5 and 8-12-17 of this chapter.
3. No permit shall be issued for the construction or installation of telecommunications facilities without payment of any and all construction permit fees.
D. Applications: Applications for permits to construct telecommunications facilities shall be submitted upon forms to be provided by the city and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:
1. That the facilities will be constructed in accordance with all applicable codes, rules and regulations.
2. The location and route of all facilities to be installed on existing utility poles.
3. The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public ways.
4. The location and route of all existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public ways along the underground route proposed by the applicant.
5. The location of all other facilities to be constructed within the city, but not within the public ways.
6. The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public ways.
7. The location and dimension and types of all trees within or adjacent to the public ways along the route proposed by the applicant, together with landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be described during construction.
E. Engineer's Certification: All permit applications shall be accompanied by the certification of a registered professional engineer that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulation.
F. Traffic Control Plan: All permit applications which involve work on, in, under, across or along any public ways shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with uniform manual of traffic control devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.
G. Issuance Of Permit: Within forty five (45) days after submission of all plans and documents required of the applicants and payment of the permit fees required by this chapter, the city engineer, if satisfied that the applications, plans and document comply with all requirements of this chapter, shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as he may deem necessary or appropriate.
H. Construction Schedule: The permittee shall submit a written construction schedule to the city engineer ten (10) working days before commencing any working in or about the public ways. The permittee shall further notify the city engineer not less than two (2) working days in advance of any excavation or work in the public ways.
I. Compliance With Permit: All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. The city engineer and his representatives shall be provided access to the work and such further information as he or she may require to ensure compliance with such requirements.
J. Display Of Permit: The permittee shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the city engineer or his representatives at all times when construction work is occurring.
K. Survey Of Underground Facilities: If the construction permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standards, the permittee shall cause the location of such facilities to be verified by a registered Nevada land surveyor. The permittee shall relocate any facilities which are not located in compliance with permit requirements.
L. Noncomplying Work: Upon order of the city engineer, all work which does not comply with the permit, the approved plans and specifications for the work or the requirements of this title, shall be removed.
M. Completion Of Construction: The permittee shall promptly complete all construction activities so as to minimize disruption of the city ways and other public and private property. All construction work authorized by a permit within city ways, including restoration, must be completed within one hundred twenty (120) days of the date of issuance.
N. As Built Drawings: Within sixty (60) days after completion of construction, the permittee shall furnish the city with two (2) complete sets of plans, drawn to scale and certified to the city as accurately depicting the location of all telecommunications facilities constructed pursuant to the permit.
O. Restoration Of Improvements: Upon completion of any construction work, the permittee shall promptly repair any and all public and private property improvements, fixtures, structures and facilities in the public ways or otherwise damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction.
P. Landscape Restoration: All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair or replacement of telecommunications facilities, whether such work is done pursuant to a franchise, license or permit shall be replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work. All restoration work within the public ways shall be done in accordance with landscape plans approved by the city engineer.
Q. Construction Surety: Prior to issuance of a construction permit, the permittee shall provide a performance bond, as provided in subsection 8-12-31R of this chapter.
R. Exception: Unless otherwise provided in a license or franchise agreement, all telecommunications carriers are subject to the requirements of this chapter.
S. Responsibility Of Owner: The owner of the facilities to be constructed and, if different, the license or franchise grantee, are responsible for performance of and compliance with all provisions of this chapter. (Ord. 543, 7-11-2000; amd. Ord. 889, 3-12-2024)
8-12-33: EXISTING TELECOMMUNICATIONS FRANCHISES:
Any franchise ordinances or agreements effective on the effective date hereof shall remain in effect until the expiration or renewal date. Upon renewal, the franchisee may be required to follow the provisions of this chapter, or may be allowed to remain under the existing franchise, at the city's option. (Ord. 543, 7-11-2000)
8-13-1: PURPOSE:
The city provides public golfing facilities to the public through the Ruby View golf course. (Ord. 558, 1-23-2001)
8-13-2: RULES AND REGULATIONS:
To enhance the golfer's experience, provide rules for safe play and to maintain the quality and value of the Ruby View golf course, the city council may adopt rules, regulations and policies for the Ruby View golf course. (Ord. 558, 1-23-2001)
8-13-3: FEES:
The city council may set, by resolution, user fees and charges associated with the Ruby View golf course. (Ord. 558, 1-23-2001)
8-14-1: PURPOSE:
The city owns and operates the Elko municipal swimming pool and may set user fees to fund its operation and adopt rules and regulations to ensure safe operations of the pool. (Ord. 580, 2-12-2002)
8-14-2: RULES AND REGULATIONS:
The city council may adopt rules and regulations to enhance the swimmer's expertise and maintain the quality and safe operation of the Elko municipal swimming pool. (Ord. 580, 2-12-2002)
8-14-3: FEES:
The city council may set, by resolution, user fees and charges associated with the Elko municipal swimming pool. (Ord. 580, 2-12-2002)
8-15-1: PURPOSE:
The city owns and operates the Elko regional airport and desires to establish an airport advisory board to advise and give recommendations to the Elko regional airport director. (Ord. 584, 5-28-2002)
8-15-2: DUTIES AND RESPONSIBILITIES:
The airport advisory board is established to educate, support and promote the aviation and aerospace industry, including the facilities, air carriers, general aviation, fixed base operators and any other airport tenants for the benefit of the Elko regional airport. (Ord. 584, 5-28-2002)
8-15-3: ORGANIZATIONS AND TERMS OF APPOINTMENTS:
The airport advisory board shall consist of seven (7) members, which shall include at least one member of the city council. The members shall be appointed by the city council. The members shall elect from their membership a chair and vice chair in July of each odd numbered calendar year. (Ord. 584, 5-28-2002)
8-16-1: DEFINITIONS:
As used in this chapter:
DOWNTOWN CORRIDOR: That area bounded by the northern right of way along Railroad Street and the southern right of way along Commercial Street from 3rd Street to 11th Street.
FACILITY USE FEE: A fee as payment for the use or rental of a city facility or real property.
ORGANIZER/SPONSOR: Means, but not limited to, any individual, firm, organization, club, partnership, corporation, or nonprofit that is responsible for the organization of a public event.
SPECIAL EVENT: Any planned gathering of persons, show, entertainment, celebration, or similar activity of temporary duration open to the general public which occupies any part of a street or other city property (excluding city owned public park areas when the event does not include street closures), and which hinders the general public in the ordinary and usual use of such street or public property, and includes at least one of the following features:
A. Vendors;
B. The event is being held in the downtown corridor, or the event requires closure of any city street, sidewalk, alley, right of way or public property which is owned or controlled by the city. "Special events" do not include parades or any prior contractual agreements made with the city for the use of city property.
VENDOR: Any individual, firm, organization, club, partnership, corporation or nonprofit offering goods and/or services for sale to the public. (Ord. 592, 12-10-2002)
8-16-2: PERMIT REQUIRED:
A special event will only be permitted on or upon any city street, sidewalk, alley, park which includes street closures, right of way, or public property which is owned or controlled by the city after submission of a complete application and approved by the city council as outlined in section 8-16-5 of this chapter. Determination of the completeness of the application shall be made by the city manager or authorized designee. (Ord. 699, 9-23-2008)
8-16-3: ALCOHOLIC BEVERAGES:
A. Sale Or Consumption Permitted: The sale or consumption of alcoholic beverages in conjunction with a special event may be permitted, provided any procedures or criteria adopted by ordinance or resolution of the city council are adhered to. An application for the sale or consumption of alcoholic beverages must be filed with an application for a special event permit and follow all procedures set forth.
B. Application Procedure: An application for the sale or consumption of alcoholic beverages shall follow the procedures set forth in section 4-5-4 of this code.
C. Fees: All license fees applicable, as set by resolution by the city council, to the sale of alcoholic beverages must be paid in addition to any special event fees.
D. Glass Containers Prohibited: It shall be unlawful to serve alcoholic and nonalcoholic beverages in glass containers within an area designated for a special event. (Ord. 592, 12-10-2002)
8-16-4: APPLICATION FOR PERMIT:
A. Filing: The application for a permit under this chapter to conduct or engage in any special event which involves the use of city streets, parks which include street closures, rights of way, alleys, sidewalks, or other public property owned or controlled by the city, shall be filed with the city clerk or authorized designee. Such application shall be filed at least thirty (30) days prior to the date that the permit is to become effective. Each application shall be accompanied by the established fees set forth by resolution by the city council.
B. Consideration Of Application Filed Later: The city manager or authorized designee shall have the authority, in their discretion, to consider any application for a permit which is filed later than the time prescribed in this section.
C. Information Required: Every organizer/sponsor of a special event in the city must file an application which is furnished by the city for the event. The application must include, at least the following where applicable, as determined by the city:
1. Event application which includes the following:
a. Name of the event;
b. The name, address and telephone number of the organizer/sponsor conducting the proposed event;
c. The date or dates and the specific times the property is to be utilized;
d. The streets or other property and the specific area or areas which will be utilized in connection with the proposed use, event or activity; and
e. Signature of an authorized representative from the Nevada department of taxation.
2. Application to reserve city properties, indicating the area to be used and the services being requested by the city.
3. Events contacts and sign off:
a. Name, address, telephone number and cellular number of the person or persons responsible for coordinating or conducting the event;
b. Name, address, telephone number and cellular number of the contact person or persons responsible for safety;
c. Name, address, telephone number and cellular number of the contact person or persons responsible for security;
d. Name, address, telephone number and cellular number of the contact person or persons responsible for traffic and parking; and
e. Approval signatures must be obtained from the police, fire, street and park departments after the completion of the previous forms have been completed in their entirety. The applicant will be required to contact each department for preapproval if the event is being proposed to be held on any city property.
4. Proof of a liability insurance policy in the amount deemed appropriate by the city council with the city named as additional insured.
5. Special events vendor business license pursuant to section 4-1-16 of this code. The city recognizes that the organizer/sponsor of a special event has all control and authority over the decision to allow or refuse participation by any individual vendor.
6. Area mapping must be completed to include:
a. Location of event;
b. All proposed road and property closures;
c. Traffic control plan;
d. Emergency access plans to include traffic patterns and parking;
e. A detailed plan, including, but not limited to, the location of all bandstands, bleachers, additional garbage disposal, electrical connections, tables, barricades; and
f. Any additional information which the city deems reasonably necessary to a fair determination of the application.
D. Use Of State Right Of Way: Every organizer/sponsor of a special event in the city who is proposing the use of any state right of way in conjunction with the city property for the event must file an application with the state department of transportation with a copy to be furnished to the city along with the application. (Ord. 592, 12-10-2002)
8-16-5: APPROVAL, DENIAL OR REVOCATION OF PERMIT:
A. Approval Required: All special events requiring the closure of a street or right of way shall receive initial approval from the city council prior to the event being held. Subsequent requests for the same special event may be approved administratively after completion of the required application and process as outlined in section 8-16-4 of this chapter.
B. Terms And Conditions Of Permit: In addition to the requirements of this code or other applicable laws or rules or regulations, each permit shall contain such terms and conditions regarding the time, place and manner of utilizing the city streets or other property which are necessary and appropriate under the circumstances as set forth by the city council.
C. Sanitation And Disposal Needs: It is the responsibility of the event organizer/sponsor to provide for the sanitation and disposal needs as identified through the application process to ensure the health and safety of the participants and citizens.
D. Committee Established: A committee made up of the mayor, or mayor pro tem in his absence, one city council member, the fire chief and the police chief may revoke any permit if the committee determines that the organizer/sponsor, applicant, agent, employee or associate of any such applicant cannot meet the criteria set forth by the city council or has violated any of the provisions of this chapter, or the provisions of any other applicable law, rule or regulation. Any permit issued under this chapter may be revoked in this manner to protect the safety of persons or property. If a special event is in progress when any such revocation occurs, the committee shall have the authority to take actions to protect city property and/or rights of way. (Ord. 699, 9-23-2008)
8-16-6: PERMIT FEES:
Except as otherwise provided, the applicant shall be required to pay all applicable fees as established by the city council through resolution for the use of city streets or other city owned or city controlled real and personal property, including all city owned park and other equipment. The total amount of fees due for the entire permit period must be paid to the city at least two (2) working days prior to the date on which the permit becomes effective. (Ord. 606, 7-22-2002)
8-16-7: INSURANCE:
A. Each permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the city, its officers, employees and agents free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of or resulting from, the alleged acts or omissions of permittee, its officers, agents, employees and invitees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee's own cost, risk and expense, pay for the defense of any and all claims or legal actions that may be commenced or filed against the city, its officers, agents or employees, and that permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the city, its officers, agents or employees as a result of the alleged acts or omissions of permittee or permittee's officers, agents, employees and invitees in connection with the uses, events or activities under the permit.
B. Concurrent with the issuance of a permit under this chapter, and as a condition precedent to the effectiveness of the permit, the permittee shall procure and maintain in full force and effect during the term of the permit a policy of insurance from a reliable insurance company authorized to do business in the state, which policy includes the city, its boards, officers, agents and employees, as named insured or additional named insured and which provides the coverage that the city council determines to be necessary and adequate under the circumstances, and proof of insurance shall be submitted with the application. Said insurance policy must provide liability coverage for the activities of entertainers and vendors participating in a special event.
C. It is the responsibility of the organizer/sponsor to maintain the condition of all city property being utilized in the event. The event organizer/sponsor will be responsible for any and all repairs needed as a result of the event. All expenses for repairs will be reimbursed at the actual cost of the repairs by the event organizer/sponsor. (Ord. 618, 4-27-2004)
8-16-8: GLASS CONTAINERS PROHIBITED:
It shall be unlawful for any person to use or physically possess any container for liquids made of glass, or a mixture of glass, to be used for personal consumption within an area designated for a special event. This section does not apply to persons within an operating casino, hotel, bar or restaurant.
A. Confiscation: The police department may confiscate any container in violation of this chapter.
B. Penalty: Any violation of the provisions of this chapter is an infraction and shall be punished as set forth in section 1-3-1 of this code. (Ord. 592, 12-10-2002)
8-16-9: SPECIAL EVENTS CURFEW:
In all special events on city property in which alcohol will be sold or served to the public and require a permit under this chapter, except those within the city parks, it shall be unlawful for any juvenile to be idle, remain, wander, stroll or play within the special event venue or within three hundred feet (300') of the special event venue, either on foot or through any other mode of transportation, between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. during the dates in which the special event is being held or the hours immediately following the conclusion of the event. A "juvenile" shall mean a person under the age of eighteen (18).
A. A curfew violation in this section may be treated, for all purposes, as curfew violations under title 5, chapter 16 of this code concerning minor curfews.
B. Unless otherwise specifically provided herein or in conflict with the provisions of this section, sections 5-16-2, "Definitions", 5-16-4, "Responsibility Of Owners Of Public Places", 5-16-5, "Parents' Responsibility And Civil Liability", 5-16-7, "Procedures" and 5-16-8, "Penalties", of this code are incorporated herein and shall apply to special event curfew violations to the extent such provisions can be made applicable.
C. A juvenile in the direct care and custody of a parent or other person awarded legal guardianship or acting in furtherance of employment duties requiring his presence at the place and time where the juvenile is contacted shall be exempt from the provisions of this section. For purposes of this section, "direct care and custody of a parent" shall mean a juvenile within thirty feet (30') of his/her parent or legal guardian and who is, at the time and place the juvenile is contacted, exercising care and custody over the juvenile. (Ord. 735, 5-10-2011)
8-17-1: PURPOSE:
The purpose of this chapter is to promote the public health, safety, and general welfare by providing for the regulation of the planting, maintenance, and removing of public trees; to provide a basis for the professional management of public trees; to provide for their enduring viability and safety; and to perpetuate the many contributions they make to the financial, aesthetic, and environmental well being of the city, its residents, and visitors. (Ord. 673, 4-10-2007)
8-17-2: APPLICABILITY:
This chapter concerns the management of all trees located in public parks. (Ord. 673, 4-10-2007)
8-17-3: PUBLIC TREE PROTECTION:
It is unlawful for any person to damage, transplant, top, remove, or mutilate any public tree without the consent of the Elko city parks and recreation board. (Ord. 673, 4-10-2007; amd. Ord. 684, 1-22-2008)
8-18-1: TITLE:
This chapter shall be known and cited as the PUBLIC IMPROVEMENT STANDARDS. (Ord. 680, 10-23-2007)
8-18-2: DEFINITIONS:
For purposes of this chapter, certain words, terms and phrases are defined as follows:
ALLEY: A public way providing secondary vehicular access and service to properties which also abut a street.
ARTERIAL AND MINOR ARTERIAL STREETS: A general term describing large major streets, including freeways, expressways and interstate roadways, and state and/or county highways having city and regional continuity.
COLLECTOR RESIDENTIAL AND LOCAL RESIDENTIAL STREETS: City streets serving the primary function of providing access to abutting property:
Cul-De-Sac Street: A short collector residential and local residential street having one end permanently terminating in and including a vehicular turning area.
Marginal Access Street: A collector residential and local residential street parallel to and abutting an arterial street which provides access to abutting property, intercepts other collector residential and local residential streets, and controls access to the arterial street.
COLLECTOR STREET: A street generally with limited continuity serving the primary function of moving traffic between arterial streets and local residential streets, and the secondary function of providing access to abutting properties.
PRIVATE STREET: A nondedicated, privately owned right of way or limited public way that affords the principal means of emergency and limited vehicular access and connection from the public street system to properties created through the division or subdivision of land.
PUBLIC IMPROVEMENT STANDARDS: A set of standards approved by the city council regulating the design and construction of public improvements in the city of Elko public roads or the city of Elko.
PUBLIC ROAD AND PUBLIC ROADS: The public highways, streets, avenues, alleys, bridges and ways as the same may now or hereafter exist within the city and future additions thereto over which the city has jurisdiction.
PUBLIC STREET: A dedicated public right of way that is part of the public street system and which affords the principal means of emergency and general vehicular access to abutting property.
STREET: Any existing or proposed street, avenue, boulevard, road, lane, parkway, place, bridge, viaduct or easement for public vehicular access; or, a street shown in a plat heretofore approved pursuant to law; or, a street in a plat duly filed and recorded in the county recorder's office. A street includes all land within the street right of way, whether improved or unimproved, and includes such improvements as pavement, shoulder, curbs, gutters, sidewalks, parking space, bridges, viaducts, lawns and trees.
STREET LINE: A line describing the limits of a street right of way. (Ord. 680, 10-23-2007)
8-18-3: PROVISIONS:
This chapter shall be known as the public improvement standards code of the city of Elko, hereinafter "code". This chapter adopts the following public improvement standards:
A. Latest edition of the "Standard Specifications For Public Works Construction" ("Orange Book") as distributed to the cities and counties of northern Nevada by the regional transportation commission (RTC) of Washoe County, and
B. Latest edition of the "Standard Details" as distributed by the city of Elko, and
C. Latest edition of the "Manual On Uniform Traffic Control Devices For Streets And Highways" (MUTCD), and
D. Latest edition of the "American Water Works Association" (AWWA).
Certain sections of the public improvement standards may be added or deleted by resolution.
All public improvement designs, construction, and modifications within the city of Elko public roads or the city of Elko shall conform with the above adopted public improvement standards, in addition to any other applicable codes or amendments set forth by the Elko city council. (Ord. 680, 10-23-2007; amd. Ord. 850, 4-14-2020)
8-18-4: HORIZONTAL CONTROL DATUM:
The basis of bearings for all engineering plans submitted to the city of Elko shall be based upon the following:
North American datum of 1983 (NAD83), Nevada east, U.S. feet, ground distance using a datum adjustment ground to grid factor of 0.99964312740 and be effective as of October 28, 2008. (Ord. 701, 10-14-2008, eff. 10-28-2008)
8-19-1: PURPOSE:
The purpose of this chapter is to promote the aesthetics and economic vitality of the city by providing safe and visually appealing opportunities for outdoor dining. (Ord. 750, 5-22-2012)
8-19-2: DEFINITIONS:
The following definitions shall apply to this chapter:
BAR: A business which is licensed and otherwise lawfully permitted to serve alcoholic beverages for on premises consumption.
OUTDOOR DINING: The use of sidewalks in city owned public rights of way for the consumption of food and/or beverages in connection with a bar or restaurant occupying an adjacent structure.
RESTAURANT: A business licensed to serve food and beverages for on premises consumption and which uses a kitchen on the premises for food preparation with a minimum floor area of two hundred (200) square feet. (Ord. 750, 5-22-2012)
8-19-3: OUTDOOR DINING PERMIT REQUIRED:
Outdoor dining is not allowed without an outdoor dining permit as set forth in this chapter. This chapter does not apply to outdoor dining authorized by a special event permit issued pursuant to chapter 16 of this title. (Ord. 750, 5-22-2012)
8-19-4: OUTDOOR DINING IN PUBLIC RIGHTS OF WAY PERMITTED:
Outdoor dining is not permitted where the speed, volume or nearness of vehicular traffic is not compatible with sidewalk dining. All outdoor dining areas must be adjacent to and incidental to the operation of an indoor bar or restaurant. (Ord. 750, 5-22-2012)
8-19-5: REQUIRED SIDEWALK CLEARANCE:
Outdoor dining is permitted only where the sidewalk provides at least five feet (5') of unimpeded clearance for pedestrians, unless an exception is granted. An exception may only be granted if the city determines that, due to unique circumstances, a lesser amount of clearance can safely accommodate all uses of the public sidewalk and other public property in the vicinity of the outdoor dining area. (Ord. 750, 5-22-2012)
8-19-6: HEALTH STANDARDS:
The operator shall not permit the following within or adjacent to the outdoor dining area: unoccupied tables present with utensils, glasses, napkins, condiments, busing service stations, or trash not promptly placed in a trash receptacle. Outdoor food preparation is not allowed except in compliance with conditions of an outdoor dining permit. All exterior surfaces within the outdoor dining area shall be easily cleanable and shall be kept clean at all times by the permittee. Restrooms sufficient for indoor and outdoor dining shall be provided in the adjoining indoor bar or restaurant. The permittee shall be responsible for maintaining the outdoor dining area, including the sidewalk surface, furniture and adjacent areas in a clean and safe condition. The permittee shall promptly dispose of any waste generated in their own disposal facilities and shall not use any public wastebaskets. The permittee may not place open flame heaters, candles or any devices which the city determines to be fire hazards within the outdoor dining area. Smoking shall be prohibited in outdoor dining areas to the maximum extent such prohibition is permitted by state law. (Ord. 750, 5-22-2012)
8-19-7: HOURS OF OPERATION:
Outdoor dining is only permitted during the hours set forth in an outdoor dining permit issued by the city. All outdoor furniture associated with the permit shall be removed at the end of each business day. (Ord. 750, 5-22-2012)
8-19-8: SPECIAL CLOSURES:
Outdoor dining is a privilege. The city shall have the right and power, acting through the city manager, or his or her designee, to prohibit the operation of an outdoor dining area at any time because of anticipated or actual problems and conflicts in the use of the sidewalk area or any other public property in the vicinity of the outdoor dining area. Such problems and conflicts may arise from, without limitation, scheduled festivals, parades, marches and similar events, repairs to the street or sidewalk, demonstrations or emergencies. To the maximum extent practicable, the permittee shall be given prior written notice of any time period during which the operation of the outdoor dining area will be prohibited by the city. (Ord. 750, 5-22-2012)
8-19-9: PERMIT ISSUANCE OR DENIAL:
A. Standards For Issuance: The city may issue an outdoor dining permit upon such terms, conditions and fees as it deems appropriate, provided that fees, if any, shall be set by resolution of the city council. The design and signage of the proposed outdoor dining area must meet the minimum standards set by the city. The city may change any minimum standards at any time, subject to at least thirty (30) days' prior notice to all affected permittees. The city may deny an outdoor dining permit application that fails to satisfy any applicable city requirements. An outdoor dining permit shall, once issued, notwithstanding any other provision in this code, entitle any person to hold, carry or transport any open glass bottle which contains, previously contained or is designed or intended to contain alcoholic beverages, provided such bottles remain within the area subject to the permit.
B. Public Notice: Once it is determined that an applicant has met all of the basic requirements, the city will issue a public notice, informing the public that a permit is being considered to allow the applicant's business to place tables and chairs in the sidewalk area. The public notice must be served by United States mail or hand delivery to all adjacent operators of businesses and the applicant must promptly thereafter provide the city with a certificate, signed under penalties of perjury, stating that the public notice has been served upon adjacent operators of businesses in the manner required by this section.
C. Public Objections: If there are no objections from the public and all applicable requirements have been satisfied, the application will be approved and an outdoor dining permit will be issued. If there are objections from the public, the city may, on that basis, deny the application.
D. Appeal To City Council: Any aggrieved person may appeal the approval or denial of an outdoor dining permit to the city council within ten (10) calendar days of the decision. Any appeal must be commenced by filing a notice of appeal with the city clerk on a form provided by the city. In the event the city council disagrees with the administrative decision, the permit shall be immediately issued, provided, the city council may impose reasonable conditions precedent to the issuance of the permit if the city council determines that such conditions will remedy or mitigate any reason(s) for the denial decision identified.
E. Prior Revocation: The city shall not issue an outdoor dining permit to any applicant who was previously issued an outdoor dining permit which was revoked by the city within one year prior to the date of the application, provided the previously revoked outdoor dining permit was not later reinstated by the city as the result of an appeal pursuant to this chapter.
F. Concurrent Outdoor Display Permits: Nothing in this chapter shall be interpreted to preclude the city from issuing an outdoor dining permit for a business that also has an outdoor display permit, provided all requirements applicable to each type of permit are satisfied. Notwithstanding the preceding sentence, the city may deny an outdoor dining permit if it is found to be incompatible with a concurrent outdoor display permit issued to the same applicant or permittee. (Ord. 750, 5-22-2012)
8-19-10: PERMIT REVOCATION:
A. Grounds For Revocation: The outdoor dining permit may be revoked by the city if the permittee fails to comply with: 1) the requirements of this chapter, 2) any applicable outdoor display guidelines issued by the city, 3) the terms and conditions of any permit application signed and submitted by the permittee or 4) any requirements stated on the outdoor dining permit, to include any requirements incorporated by reference into the outdoor dining permit. In addition to the foregoing, the outdoor dining permit may be revoked by the city if the outdoor dining area is being operated in a manner which constitutes a nuisance or if the operation of the outdoor dining area unduly impedes or restricts the movement of pedestrians.
B. Appeal To City Council: In the event the city revokes an outdoor dining permit, the permittee may, within no more than ten (10) days, appeal the revocation decision to the city council, which shall conduct a hearing to review the revocation decision. Any appeal must be commenced by filing a notice of appeal with the city clerk on a form provided by the city. In the event the city council disagrees with the revocation decision, the permit shall be immediately reinstated subject to any conditions applicable to the previously revoked permit, provided that the term of the permit shall be extended for a period of time equal to the time between the date of revocation and the date of reinstatement, and, further provided, the city council may impose reasonable conditions precedent to the reinstatement of the permit if the city council determines that such conditions will remedy or mitigate any reason(s) for the revocation identified by the city. (Ord. 750, 5-22-2012)
8-20-1: PURPOSE:
The purpose of this chapter is to promote the aesthetics and economic vitality of the city by providing safe and visually appealing opportunities for outdoor displays of merchandise. (Ord. 751, 5-22-2012)
8-20-2: DEFINITIONS:
The following definitions shall apply to this chapter:
OUTDOOR DISPLAY: The use of sidewalks in city owned public rights of way for the display of merchandise in connection with a retail business occupying an adjacent structure.
RETAIL BUSINESS: A business which sells goods to the public. (Ord. 751, 5-22-2012)
8-20-3: OUTDOOR DISPLAY PERMIT REQUIRED:
Outdoor displays are not allowed without an outdoor display permit as set forth in this chapter. This chapter does not apply to outdoor displays authorized by a special event permit issued pursuant to chapter 16 of this title. (Ord. 751, 5-22-2012)
8-20-4: OUTDOOR DISPLAYS IN PUBLIC RIGHTS OF WAY PERMITTED:
Outdoor displays are not permitted where the speed, volume or nearness of vehicular traffic is not compatible with the display. All outdoor display areas must be adjacent to and incidental to the operation of an indoor retail business which sells the same goods that are in the outdoor display. (Ord. 751, 5-22-2012)
8-20-5: REQUIRED SIDEWALK WIDTH:
Outdoor displays are permitted only where the sidewalk provides at least five feet (5') of unimpeded clearance for pedestrians, unless an exception is granted by the city. An exception may only be granted if the city determines that, due to unique circumstances, a lesser amount of pedestrian clearance can safely accommodate all uses of the public sidewalk and other public property in the vicinity of the outdoor display area. (Ord. 751, 5-22-2012)
8-20-6: HEALTH STANDARDS:
The outdoor display area shall be kept clean at all times by the permittee. The permittee shall be responsible for maintaining the outdoor display area, including the sidewalk surface, furniture and adjacent areas in a clean and safe condition. The permittee may not place open flame heaters, candles or any devices which the city determines to be fire hazards within the outdoor display area unless otherwise allowed by the fire department. The permittee shall promptly and properly dispose of all waste generated in conjunction with the outdoor display. Such solid waste shall be deposited in the permittee's own trash receptacles and shall not use any public wastebaskets. (Ord. 751, 5-22-2012)
8-20-7: HOURS OF OPERATION:
Outdoor displays are only permitted during the hours set forth in an outdoor display permit issued by the city. All outdoor displays and merchandise shall be removed at the end of each business day, unless a waiver is granted by the city due to unique circumstances which render such removal impractical, provided such waiver does not create an unreasonable risk to public health or safety. (Ord. 751, 5-22-2012)
8-20-8: SPECIAL CLOSURES:
Outdoor displays are a privilege. The city shall have the right and power, acting through the city manager, or his or her designee, to prohibit the operation of an outdoor display area at any time because of anticipated or actual problems and conflicts in the use of the sidewalk area or any other public property in the vicinity of the outdoor display area. Such problems and conflicts may arise from, without limitation, scheduled festivals, parades, marches and similar events, repairs to the street or sidewalk, demonstrations or emergencies. To the maximum extent practicable, the permittee shall be given prior written notice of any time period during which the operation of the outdoor display area will be prohibited by the city. (Ord. 751, 5-22-2012)
8-20-9: PERMIT ISSUANCE OR DENIAL:
A. Standards For Issuance: The city may issue an outdoor display permit upon such terms, conditions and fees as it deems appropriate, provided fees, if any, shall be set by resolution of the city council. The design and signage of the proposed outdoor display area must meet the minimum standards set by the city. The city may change any minimum standards at any time, subject to at least thirty (30) days' prior notice to all affected permittees. The city may deny an outdoor display permit application that fails to satisfy any applicable city requirements. An outdoor display permit does not grant a permittee the right to make sales in an outdoor display area.
B. Public Notice: Once it is determined that an applicant has met all of the basic requirements, the city will issue a public notice, informing the public that a permit is being considered to allow the applicant's business to place a display in the sidewalk area. The public notice must be served by United States mail or hand delivery to all adjacent property owners and the applicant must promptly thereafter provide the city with a certificate, signed under penalties of perjury, stating that the public notice has been served upon adjacent business operators in the manner required by this section.
C. Public Objections: If there are no objections from the public and all applicable requirements have been satisfied, the application will be approved and an outdoor display permit will be issued. If there are objections from the public, the city may, on that basis, deny the application.
D. Appeal To City Council: Any aggrieved person may appeal the approval or denial of an outdoor display permit to the city council within ten (10) calendar days of the decision. Any appeal must be commenced by filing a notice of appeal with the city clerk on a form provided by the city. In the event the city council disagrees with the administrative decision, the permit shall be immediately issued, provided, the city council may impose reasonable conditions precedent to the issuance of the permit if the city council determines that such conditions will remedy or mitigate any reason(s) for the denial decision identified.
E. Prior Revocation: The city shall not issue an outdoor display permit to any applicant who was previously issued an outdoor display permit which was revoked by the city within one year prior to the date of the application, provided the previously revoked outdoor display permit was not later reinstated by the city.
F. Concurrent Outdoor Dining Permits: Nothing in this chapter shall be interpreted to preclude the city from issuing an outdoor display permit for a business that also has an outdoor dining permit, provided all requirements applicable to each type of permit are satisfied. Notwithstanding the preceding sentence, the city may deny an outdoor display permit if it is found to be incompatible with a concurrent outdoor dining permit issued to the same applicant or permittee. (Ord. 751, 5-22-2012)
8-20-10: PERMIT REVOCATION:
A. Grounds For Revocation: The outdoor display permit may be revoked by the city if the permittee fails to comply with: 1) the requirements of this chapter, 2) any applicable outdoor display guidelines issued by the city, 3) the terms and conditions of any permit application signed and submitted by the permittee or 4) any requirements stated on the outdoor display permit, to include any requirements incorporated by reference into the outdoor display permit. In addition to the foregoing, the outdoor display permit may be revoked by the city if the outdoor display area is being operated in a manner which constitutes a nuisance or if the operation of the outdoor display area unduly impedes or restricts the movement of pedestrians.
B. Appeal To City Council: In the event the city revokes an outdoor display permit, the permittee may, within no more than ten (10) days, appeal the revocation decision to the city council, which shall conduct a hearing to review the revocation decision. Any appeal must be commenced by filing a notice of appeal with the city clerk on a form provided by the city. In the event the city council disagrees with the revocation decision, the permit shall be immediately reinstated subject to any conditions applicable to the previously revoked permit, provided that the term of the permit shall be extended for a period of time equal to the time between the date of revocation and the date of reinstatement, and, further provided, the city council may impose reasonable conditions precedent to the reinstatement of the permit if the city council determines that such conditions will remedy or mitigate any reason(s) for the revocation identified by the city. (Ord. 751, 5-22-2012)
8-21-1: PERMIT REQUIRED:
It shall be unlawful for any person to install, construct, or lay, or cause to be installed, constructed or laid, any sidewalk, curb or gutter within the street lines established by the City without first obtaining a permit from the City for that purpose. The issuance of a permit pursuant to this Section shall be in addition to and not in lieu of any other permits required under the City Code. (Ord. 841, 7-9-2019)
8-21-2: PLANS TO BE APPROVED:
Any sidewalk, curb or gutter constructed within the street lines established by the City shall be in conformance with specifications and plans, and grades and lines approved by the City. (Ord. 841, 7-9-2019)
8-21-3: SIDEWALK, CURB AND GUTTER CONSTRUCTION:
A. Required; Exception: Except as otherwise provided in this Section, sidewalks, curbs and gutters shall be required on all vacant lots or parcels of land which are hereafter developed; or upon lots or parcels of land which are merged or divided; or upon developed lots or parcels of land involving a change in building occupancy and use of land; or upon any lot or parcel of land with any building expansion or new construction involving the addition of gross floor area greater than four hundred (400) square feet; or upon a lot or parcel of land when a change of use results in a measurable increase in pedestrian or vehicular traffic; provided, however, that upon the request of the City Development Department or application by the property owner, or a tenant, lessee or a contractor duly authorized to represent said property owner, and for cause shown, the City Council may waive all or part of, the requirement for the installation of the above described improvements, subject to Subsections B and C of this Section.
B. Request To Waive Requirements By Development Department: Any request by the City Development Department to waive all or part of the requirement to install curb, gutter and sidewalk shall be based on the following criteria:
1. The presence or proposed installation of other substantially equivalent or superior improvements in the vicinity of the lot or parcel of land;
2. Conditions on the lot or parcel of land affecting the practicability of installing the curb, gutter and sidewalk; and
3. Any other unique circumstances deemed by the City Development Department to be appropriate grounds for waiving any or all of the foregoing requirements relative to the installation of curb, gutter and sidewalk.
C. Request To Waive Requirements By Property Owner or Authorized Representative: Any application to waive all or part of the requirement to install curb, gutter and/or sidewalk by the property owner, or a tenant, lessee or contractor duly authorized to represent said property owner:
1. Shall be based on evidence that it is impractical to install curb, gutter and sidewalk because of circumstances beyond the reasonable control of the applicant property owner; and
2. Shall include a filing fee paid to the City in an amount established by resolution of the City Council. (Ord. 841, 7-9-2019)
8-21-4: SIDEWALK MAINTENANCE, RECONSTRUCTION AND REPAIR:
A. Responsibility Of Property Owners: It is the responsibility of all property owners to reasonably maintain any sidewalk constructed of in a public right of way that abuts the owner's property. This Subsection A is not intended and shall not be relied upon to determine the standard of care in any civil action for negligence to include an action asserting negligence per se.
B. Standards:
1. Except as otherwise provided in the City Code or pursuant to authority granted by the City Code, all sidewalks shall be constructed of concrete with a minimum of four inches (4") in depth and with a width determined as follows:
a. Four feet (4') for sidewalks along all unclassified roadways or roadways classified as local residential in the City's Master Plan and along roadways determined by the City Development Department to be functionally equivalent to "local residential" as that term is used in the City's Master Plan; or
b. Five feet (5') in width for all other sidewalks, to include sidewalks along roadways classified as residential collector or higher in the City's Master Plan or along roadways determined by the City Development Department to be functionally equivalent to or higher than "residential collector" as that term is used in the City's Master Plan.
2. All sidewalks shall be constructed, maintained, reconstructed, and repaired in compliance with current City of Elko standards and federal and state laws, to include all applicable provisions of Title II of the Americans with Disabilities Act, Sections 504 and 795 of the Rehabilitation Act, and the Fair Housing Act.
C. Reconstruction And Repair:
1. The City Development Manager or her or his designee may require the reconstruction or repair of sidewalks under the following circumstances:
a. The reconstruction or repair of a sidewalk is required as a condition of approval for a division, merger, or change in the use of the abutting property, or;
b. The abutting property owner's actions resulted in damage to the sidewalk necessitating repair or reconstruction; provided the City Development Department may impose an assessment or other charge authorized by law on the abutting property owner for any reconstruction or repair of a sidewalk if the reconstruction or repair is performed by the City or its contractor in a public right-of-way at the direction of the City Development manager or her or his designee.
c. The abutting property owner abandons any existing curb cuts or driveway approaches.
2. Any sidewalk ordered repaired or reconstructed by the City Development Manager or her or his designee shall be repaired or reconstructed by the owner of the property which abuts upon the sidewalk. The property owner shall cause the reconstruction or repair to be constructed by a properly licensed contractor, within a time period set by the City, not to exceed ninety (90) days. Notwithstanding any other provision in this Section, the City may, at the request of the property owner and in the City’s sole discretion, accept an appropriate bond for the needed repairs or reconstruction to allow for completion at a later date due to weather. (Ord. 841, 7-9-2019; amd. Ord. 857, 4-27-2021)
8-21-5: ENFORCEMENT:
A. Notice of Violation: If a person violates a prohibition contained in this Chapter or fails to meet a requirement of this Chapter, or fails to comply with an order issued by the City Council pursuant to this Chapter to repair or reconstruct a sidewalk, the City Development Department may order compliance by written notice of violation to the responsible person.
B. Deadline: If abatement of a violation or repair or reconstruction of a sidewalk is required, the notice shall set forth a deadline within which such abatement, repair, or reconstruction must be completed. In the event of an order to repair or reconstruct a sidewalk, the foregoing notice shall further advise that, should the violator fail to comply with the established deadline, the work will be done by the City or its contractor and the expense thereof shall be charged to the property owner. (Ord. 841, 7-9-2019)
8-21-6: APPEAL OF NOTICE OF VIOLATION:
Any person receiving a notice of violation may appeal the determination to the City Council. The notice of appeal must be received by the City Clerk within thirty (30) days from the date of issuance of the notice of violation. A hearing on the appeal before the Elko City Council shall take place within forty-five (45) days from the date of receipt of the notice of appeal. The decision of the City Council shall be final and subject to judicial review; provided, any petition for judicial review of a final decision by the City Council shall be commenced within thirty (30) days of the date of the City Council decision. (Ord. 841, 7-9-2019)
8-21-7: INJUNCTIVE RELIEF:
If a person has violated or continues to violate the provisions of this Chapter, the City may petition for a preliminary or permanent injunction restraining the person from activities which could create further violations or compelling the person to perform work required by order of the City Council. (Ord. 841, 7-9-2019)
8-21-8: PENALTIES:
Any person violating any of the provisions of this chapter shall, upon conviction, be punished as provided in Title 1, Chapter 3 of this Code. Each day's violation of the provisions of this Chapter shall be deemed a separate offense. (Ord. 841, 7-9-2019)
8-21-9: REMEDIES NOT EXCLUSIVE:
The remedies listed in this Chapter are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the City to seek cumulative remedies. (Ord. 841, 7-9-2019)
8-22-1: INTENT:
The purpose of this Chapter is to set forth the requirements for the temporary use and occupancy of City of Elko property, including public rights-of-way, through the issuance of Revocable Licenses. (Ord. 881, 3-28-2023)
8-22-2: REVOCABLE LICENSE REQUIRED:
It shall be unlawful for any person to temporarily use or occupy City real property without a Revocable License issued by the City pursuant to this Chapter.
A. As used in this Chapter, the term "temporarily use or occupy" shall mean the installation, construction or laying, or causing to be installed, constructed or laid the following:
1. Any signs, parking, landscaping, fencing, infrastructure of any type (either above or below ground), or other similar features on City property, including within City rights-of-way and easements, in nonresidential zoning districts.
2. Any landscaping, fencing, infrastructure (either above or below ground), or similar features on City property in residential zoning districts that is in excess of three (3) feet in height.
B. The following shall not be included within the meaning of the term "temporarily use or occupy" as used in this Chapter:
1. The use or occupancy of City property by a public utility company pursuant to an approved franchise agreement with the City to the extent allowed by the franchise agreement.
2. Residential uses in residential zoning districts existing on the date of enactment of this Ordinance.
The issuance of a Revocable License pursuant to this Chapter shall be in addition to and not in lieu of any permits or other licenses required under the City Code. (Ord. 881, 3-28-2023)
8-22-3: GENERAL REQUIREMENTS:
A. A person authorized to use and occupy City property pursuant to this Chapter shall be referred to herein as a "Licensee."
B. The physical area subject to a Revocable License issued pursuant to this Chapter shall be referred to herein as the "Licensed Area."
C. The City may, in its discretion, require the Licensee to execute a Revocable License Agreement in conjunction with the Revocable License. The Revocable License may be included in the body of the Revocable License Agreement. The Revocable License Agreement may set forth additional terms and conditions for the temporary use and occupancy of property not inconsistent with the requirements of this Chapter, to include providing for shared access by third-parties. A Revocable License Agreement may require the Licensee to obtain insurance coverage against liability for injuries or property damage on the Licensed Area in amounts determined by the City, naming the City as an additional insured.
D. The City shall record the Revocable License and, if applicable, the Revocable License Agreement with the County Recorder within fourteen (14) days of approval by the City Council or its designee.
E. Maintenance of the Licensed Area shall be the responsibility of the Licensee. Failure of the Licensee to adequately maintain the Licensed Area may result in suspension or revocation of the Revocable License. In the event the Revocable License is revoked, the Licensee shall restore the Licensed Area to its previous condition as soon thereafter as reasonably practicable, except as otherwise provided in this Chapter or in a Revocable License Agreement.
F. Landscaping installed by the Licensee shall not be removed from the Licensed Area without the issuance of an amended Revocable License approved by the City Council or its designee. Unless otherwise ordered by the City Council, all landscaping in the Licensee Area remaining after termination of a Revocable License shall be the property of the City.
G. The Licensee shall not place buildings or accessory structures within the Licensed Area.
H. The City and its contractors shall have unrestricted access to the Licensed Area at all times. The City and its contractors may use and occupy the Licensed Area so long as such use does not unreasonably interfere with Licensee's use and occupancy of the Licensed Area pursuant to the Revocable License.
I. Revocable Licenses and, if applicable, Revocable License Agreements, may be assigned by Licensees to third-parties subject to the prior approval of the City Council or its designee; provided, in the event of an approved assignment, the assignee shall assume all terms and conditions of the Revocable License or Revocable License Agreement, together with any additional terms and conditions required by the City Council or its designee.
J. The Licensee shall be responsible for all injuries to persons or damage to property arising out of or in an any manner pertaining to Licensee's temporary use and occupancy of the Licensed Area, to the extent Licensed under the laws of the State of Nevada. The foregoing includes, without limitation, damage to City-owned property within the Licensed Area.
K. The City Council may revoke a Revocable License upon a finding that the Licensee has violated a term or condition of the Revocable License or associated Revocable License Agreement, or that the Licensed Area is needed for a public purpose. The foregoing is in addition to any right of revocation set forth in a Revocable License Agreement. (Ord. 881, 3-28-2023)
8-22-4: APPLICATION FILING:
A. Any person seeking a Revocable License shall file an Application with the City Planning Department on a form furnished for that purpose.
B. An Application for a Revocable License shall be accompanied by a filing fee pursuant to a fee schedule adopted by resolution of the City Council.
C. The Application shall be complete and shall contain the following information:
1. The Applicant's name, mailing address, daytime telephone number, and email address.
2. A legal description of the proposed Licensed Area and the Assessor's Parcel Number(s) of the Licensed Area, or if the Licensed Area is within a right-of-way, the Assessor's Parcel Number(s) of the adjacent parcel(s), including a metes-and-bounds legal description of the Licensed Area prepared by a licensed surveyor.
3. A description of all proposed uses of the proposed Licensed Area.
4. The dimensions and square footage of the proposed Licensed Area.
5. A plot plan drawn to scale showing:
a. Existing boundary lines, structures, sign(s), landscaping, fencing, parking, and other physical features. This portion of the plot plan must be prepared by a properly licensed surveyor.
b. Proposed improvements to the Licensed Area. This portion of the plot plan must be prepared by a properly licensed design professional.
6. Any other information the Applicant and/or the City may deem necessary or appropriate for the City's review of the Application.
D. The Applicant shall provide, at a minimum:
1. One (1) .pdf of the entire Application, and
2. One (1) set of legible plans on 8 ½" x 11 plan sheets. If the plans are not legible as shown on 8 ½" x 11" plan sheets, the Applicant shall submit plans on larger plan sheets which are legible.
E. Incomplete Applications shall be rejected by the City Planning Department. (Ord. 881, 3-28-2023)
8-22-5: REVIEW OF APPLICATIONS:
A. Except as otherwise provided in this Section, the City Council shall review the Application and supporting data within thirty (30) days of the date the Application is filed with the City Planning Department.
B. The City Council may approve, conditionally approve, or deny the Application based on the following criteria:
1. Whether the proposed Revocable License is likely to interfere with the use of any current or planned street, sidewalk, utility infrastructure, or other public improvements.
2. Whether the proposed Revocable License is likely to threaten public health, safety, or welfare.
3. Whether the proposed Revocable License is likely to frustrate the ability of the City to fulfill any goals or objectives in the Master Plan.
4. Whether the proposed Revocable License will lead to Licensee's improvements becoming integrated into the Licensed Area, creating practical difficulties if the Revocable License is revoked.
5. Any other reason determined by the City Council to be in the best interest of the public.
C. Notwithstanding the foregoing, pursuant to Resolution 03-22, adopted by the City Council on January 25, 2022, Revocable License Applications for property along Idaho Street between VFW Drive on the west and 30th Street on the east may be reviewed and decided administratively by City Staff, subject to the following requirements:
1. The following improvements within City rights-of-way associated with the abutting business or commercial activity shall require a Revocable License: backflow prevention devices, grease interceptors, directional or advertising signs, landscaping and irrigation systems, displays for automotive or similar sales, off-street parking (provided the parking is surplus and exceeds that required by the City Code), lighting, and other infrastructure as required by the abutting business or commercial activity.
2. Any structures, displays or parking occupying the right-of-way shall be set back a minimum of sixteen (16) feet from the improved roadway section (back of existing or future sidewalk) to ensure adequate sight distance and visibility for entering and exiting vehicles.
D. The following requirements shall apply to Licensees that are issued administratively by City Staff:
1. City Staff shall review the Application within thirty (30) days of the date the Application is filed with the City Planning Department.
2. City Staff may approve, conditionally approve, or deny the Application based on any of the criteria set forth in Section 8-22-5(B), above. All findings supporting a decision by City Staff to place conditions on or deny an Application shall be in writing and provided to the Applicant.
3. The Applicant may appeal to the City Council a decision by City Staff to place conditions on or deny an Application by filing a notice of appeal with the City Planning Department within thirty (30) days of the date the written findings of City Staff are provided to the Applicant. (Ord. 881, 3-28-2023)
8-22-6: OTHER CODE REQUIREMENTS NOT WAIVED:
The issuance of a Revocable License pursuant to this Chapter shall not constitute a waiver by the City of any requirement contained in the City Code, to include off-street parking requirements and development standards, unless the waiver is expressly stated, authorized under the City Code, and approved by the City Council or its designee. (Ord. 881, 3-28-2023)